Former deputy national director of public prosecutions Nomgcobo Jiba has filed an application seeking to set aside the findings of the Mokgoro commission.
The notice of motion, filed before the Western Cape High Court, forms part of the action by the embattled former deputy head of the National Prosecuting Authority to return to her post. President Cyril Ramaphosa sacked Jiba and former specialised commercialised crimes unit head Lawrence Mrwebi based on the Mokgoro report.
The report by retired Constitutional Court Justice Yvonne Mokgoro was handed to the president this year on March 31, following an inquiry into the pair’s fitness to hold office after their respective suspensions in October 2018.
The 140-page report recommended that Ramaphosa remove Jiba and Mrwebi from office.
The Mokgoro inquiry into the fitness of Jiba and Mrwebi to hold office found that they were neither fit nor proper to hold office.
The report found them to be dishonest, lacking in integrity and could no longer be entrusted with the duties required for their positions.
Ramaphosa established the Mokgoro inquiry in October last and placed Advocates Jiba and Mrwebi on suspension with full pay pending the completion of the inquiry.
In her papers, Jiba cites Ramaphosa as the first respondent.
The speaker of Parliament, minister of justice and correctional services, the NPA, Justice Mokgoro and evidence leaders Kgomotso Moraka and Thenjiwe Vilakazi are also cited as respondents.
The two have also made representations to Parliament but City Press understands that they vowed to challenge the decision by the president in the high court as well as the labour court.
Jiba and Mrwebi could not be reached for comment.
In June, the Constitutional Court unanimously ruled that they would, despite the controversy surrounding them, remain advocates.
The court ruled that the General Council of the Bar of South Africa failed to establish that its leave to appeal application to remove Jiba and Mrwebi from the roll of advocates fell under its jurisdiction.
This ruling upheld the Supreme Court of Appeal’s judgment that reinstated Jiba and Mrwebi after the North Gauteng High Court ruled in favour of the bar to strike them off the roll in 2016.