Nomgcobo Jiba Lawrence Mrwebi

Photo: GovernmentZA / Flickr

Parliament grants Jiba a deadline to oppose Ramaphosa’s NPA dismissal

“The committee further agrees this matter must be dealt with expeditiously. “

Nomgcobo Jiba Lawrence Mrwebi

Photo: GovernmentZA / Flickr

Parliament’s Portfolio Committee on Justice and Correctional Services have ordered Advocate Nomgcobo Jiba, a final seven calendar days to make representations regarding President Cyril Ramaphosa’s recommendation for her and Advocate Lawrence Mrwebi to be removed from the National Prosecuting Authority (NPA), as Jiba declared that her removal was unconstitutional.

Advocate Nomgcobo Jiba stands firm and fights for her reinstatement

In recent court proceedings, a judgement was passed two weeks ago in which found that Jiba can make representations to Parliament for her restoration, which she had not exhausted when allowed to do so.

In court, Jiba had asked a reinstatement order for President Cyril Ramaphosa and the National Director of Public Prosecutions (NDPP) Shamila Batohi, as Jiba emphasised the need to get her position “with all associated employment benefits with immediate effect.”

The Parliamentary Legal Services presented to the committee indicated that it was Jiba’s application, to have President Ramaphosa’s decision to have her removed declared unconstitutional, as she further wanted to be reinstated with full benefits.

It is yet to be decided if Ramaphosa’s decision on her removal is fair

The other half of her application was to interdict the committee against processing and finalising the President’s decision regarding this matter, and the committee heard that Parliament has an “oversight responsibility” in deciding if Ramaphosa’s decision on the removal is fair.

Previously, the committee had initiated the process, handing Jiba and Mrwebi 10 days to make representations regarding this matter, and only Mrwebi complied and made representations, whilst on the other hand, Jiba approached the court to interdict the parliamentary process.

Parliament indicates they did not oppose the matter, and instead submitted an affidavit, announcing it will wait for the court’s decision on whether it can go ahead in processing the President’s decision for dismissal.

Parliament has decided to give Jiba one more chance to make representations

However, in the ‘interest of fairness’ and Parliament’s decision to protect itself from further litigation, the House indicated that it would give Jiba a final opportunity to make representations, and it would process it after seven calendar days.

“The committee wants to finalise the matter before Parliament rises in December 2019. By giving Adv Jiba a final seven days, it provides the committee with protection as well. In our letter to her, we will make it clear this is a final opportunity, as the committee further agrees this matter must be dealt with expeditiously. This is not a legal obligation on the committee to provide a further opportunity for representation, but we are doing it in the pursuit of fairness.”

Committee Chairperson, Bulelani Magwanishe