Bar application brought against NPA officials

2014-11-17 22:28

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Johannesburg - The General Council of the Bar (GCB) is to bring a High Court application to bar three senior NPA officials from practice or to strike them from the advocates' roll.

The officials were deputy National Prosecuting Authority head Nomgcobo Jiba, special director of the specialised commercial crimes unit Sthembiso Lawrence Mrwebi, and North Gauteng director of public prosecutions Sibongile Mzinyathi, GCB chairperson Jeremy Muller said in a statement on Monday.

This followed a request from the office of the national director of public prosecutions (NDPP) that the GCB bring the applications against Jiba, Mrwebi, and Mzinyathi.

The applications would be brought in terms of section seven of the Admission of Advocates Act.

The request was considered at a meeting of the GCB's executive committee on Saturday.

"The GCB resolved to make such an application in respect of all three members of the NDPP. Applications will be launched before the relevant high courts as soon as they have been prepared," Muller said.

"The request by the NDPP arises from the conduct of all three members of the NDPP as deponents to affidavits in several recent High Court applications."

Sharp criticism had been levelled at the three officials in judgments by the High Court and the Supreme Court of Appeal.

The judgments were:

- Freedom Under Law v National Director of Public Prosecutions 2014 (1) SA 254 (GNP)

- NDPP v Freedom Under Law 2014 (4) SA 298 (SCA)

- Booysen v Acting National Director of Public Prosecutions & Others [2014] 2 All SA 391 (KZD)

- Zuma v Democratic Alliance (Case No. 836/2013) [2014] ZASCA 101

Muller said at the time of the relevant judgments Jiba held the post of acting National Director of Public Prosecutions, while Mrwebi and Mzinyathi were in the same positions.

"None of the individuals concerned is a member of any of the constituent Bars of the GCB," he said.

"The GCB nevertheless considers that the judicial criticism of these three admitted advocates obliges it to accede to the request of the NDPP."

Read more on:    npa  |  gcb

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