Jiba: NPA reappointment dismissed by court, with costs

Nomgcobo Jiba appealed to be reappointed as the Deputy National Director of Public Prosecutions but her case was dismissed. The Western Cape High Court dismissed her bid with costs.

Jiba wanted her old post back

Jiba had asked the court to order President Cyril Ramaphosa and the National Director of Public Prosecutions (NDPP) Shamila Batohi, to reinstate her back into her role. She asked to get her position “with all associated employment benefits with immediate effect.”

Former NPA deputy wants post barred from being filled

The former National Prosecution Authority of South Africa (NPA) employee also wanted the court to do much more. She requested that an interdict or prohibition be made to the president and the NDPP, barring them from filling the position until the finalisation of the review.

Why Jiba was fired

Jiba was fired by Ramaphosa in April 2019, along with senior prosecutor Lawrence Mrwebi. The pair were let go after retired Constitutional Court Justice Yvonne Mokgoro made the recommendation following an inquiry.

According to a statement from the presidency, the inquiry discovered that none of them were “fit and proper to hold their respective offices.” The decision was then referred to parliament to determine whether Jiba and Mrwebi should be reinstated, not whether they should be fired.

Former NPA deputy stalls parliament’s processes

Parliament began working on the process. However, they had to stall the process pending Jiba’s court application which was in two parts.

Jiba case dismissed due to lack of persuasion

Judge Robert Henney dismissed the former NPA employee’s appeal after he found that she had failed to make a compelling case. The second part to her application will be heard at a later stage.

The former deputy director has asked the court to find that Ramaphosa violated the Constitution. Jiba said the president, therefore, “acted unlawfully when he instituted an inquiry in terms of Section 12 of the NPA Act against her.”

Bahoti’s stance on Jiba’s reappointment

Bahoti noted in September 2019, that it would be “manifestly inappropriate” to reinstate Jiba. The NDPP explained her stance in court papers, at the time.

She also noted that there had been “a fundamental breakdown in trust” between the former employee and the NPA. Bahoti said her “integrity, independence and commitment to the values and standards of the NPA” had been called into question.

She also stated:

“An internal review in the NPA of certain decisions that the applicant took when serving as acting NDPP [national director of public prosecutions] and deputy NDPP, has exacerbated the breakdown in trust.”

Shamila Batohi, National Director of Public Prosecutions (NDPP)