Committee resolves not to restore Adv Jiba to office

Wednesday, November 27, 2019

The Portfolio Committee on Justice and Correctional Services has resolved not to restore Advocate Nomgcobo Jiba and Advocate Lawrence Mrwebi to office.

The committee recommended on Wednesday that the National Assembly resolve not to restore Advocate Jiba to the office of the Deputy National Director of Prosecutions and Advocate Mrwebi to the office of the Special Director of Public Prosecutions.

Committee Chairperson, Bulelani Magwanishe, said in respect of Advocate Jiba and Advocate Mrwebi, the committee found no reason to restore them to their office.

Magwanishe said the committee found that President Cyril Ramaphosa complied with the provisions of section 12(6)(a) and (b) of the National Prosecuting Authority Act.

In addition, the process the President followed in reaching his decision was fair and he applied his mind properly to the matter.

“The committee noted that the President’s letter of 25 April 2019, which made it clear that his decision was based on the findings of the Mokgoro Enquiry and that these findings, based on the evidence before the enquiry, are of an extremely serious nature.

“Further, the President writes that he considered their advocates’ representations to him, however, he did not find that they had raised ‘any response or reason not to accept the panel’s conclusion’,” said Magwanishe.

The committee is also of the view that the representations placed before it by Advocate Mrwebi do not raise any reason for it to find that President Ramaphosa did not apply his mind properly to the matter before him.

He said the committee is also of the view that the documents and representations before it, do not present any reason for it to find that the process followed was unfair.

“According to the Act, Parliament’s role in this process is that, within 30 days of the message referred to by the President being tabled in Parliament or as soon thereafter as is reasonably possible, it must pass a resolution on whether or not to recommend the restoration to office of the National Director or Deputy National Director so removed.  

“The Act further states that the President shall restore the National Director or Deputy National Director to his or her office if Parliament so resolves,” Magwanishe explained.

He said the committee has done due diligence in this matter and both Advocates were given an opportunity to make representations to the committee.

“Advocate Mrwebi took the opportunity [and] Advocate Jiba turned to the courts to stop our process. After the courts rejected her application, she informed the committee that she will not continue with the process, as she wants to move on with her life.

“The committee did everything in its power to afford all parties a fair opportunity to state their case. Based on the process we followed and reports and representations considered, we are of the view that neither should be restored to office,” Magwanishe said. –