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The Supreme Court of Appeals (SCA) returned Nomgcobo Jiba and Lawrence Mwrebi to the National Prosecution Authority (NPA) in a shock judgment that resulted in only three of the five judges agree for the better.
It may also provide grounds for appeal that can only be heard in the Constitutional Court, said James Grant, a law professor badociated with Wits
" The effect on the Man in the street is going to be deep, "Grant said.
" This decision may be more important than the dagga decision in that it influences the justice system, it is certainly very important, there can be no exaggeration."
The impact would be felt "
" Even when they were gone and Shaun Abrahams was still under the leadership of the NPA, its integrity was in tatters in terms of public sentiment. Now you have their return, I do not think that the integrity of the NPA can absorb that, "said Grant.
This is the effect of the Supreme Court's ruling of Appeal to Bloemfontein yesterday, in which three judges – the deputy judge president Zwelibanzi Shongwe (with judges Legoab e Seriti and Baratang Mocumie) – dismissed the striking of Jiba and Mrwebi without order fees
Attorney Vuyani Ngalwana said yesterday afternoon that he was still reading the judgment.
" The GCB Executive Committee which includes 10 people will then have to discuss and prepare a statement tomorrow afternoon, "said Ngalwana
It is understood that Jiba and Mrwebi would be welcome to the NPA to continue working.
Shongwe found" the evidence presented by the GCB juxtaposed with the explanation offered by her failed to establish the whole thing.
For this reason, the appeal must be allowed. It becomes unnecessary to consider the court's discretion as to whether or not she is a fit person to remain on the panel, "said Shongwe. " With respect to Mr.webi, I am satisfied the alleged misconduct has been established and also acknowledges that the court a quo exercised its discretion when it concluded that it was not fit and competent to practice the profession of lawyer, but that he was misguided as to the appropriate penalty to be imposed.
He concluded that the above-mentioned reasons were sufficient to suspend Mr. Wewebi, but not enough to remove him from the role since he had not personally taken advantage of his misconduct and that he was He had not wronged any customer.
The dissenting judgment of Judge Christiaan van Der Merwe (with the agreement of Judge Eric Leach) held that the appeals of Jiba and Mrwebi should fail and that the CRO's cross-appeal should succeed.
" When I came to the second (minority) judgment I checked that I was reading the judgments of the same case," Grant said.
" It is as if the judges had different cases.Judges are not easy to follow and often what is a" logical "step in each of the judgments is clearly normative, I wish I could to say that I knew what judgment is clearly right or wrong. "
Grant noted the majority the judgment" felt "wrong and, on one occasion, seemed to make a mistake on the standard of proof – but that was not enough to explain the radically different approaches adopted
Jiba and Mrwebi were put on special leave in 2016, Last year, the High Court of Pretoria overruled a decision of the head of the NPA, Shaun Abrahams, to withdraw charges of fraud and perjury against Jiba
Van der Merwe found that Jiba had given "false testimony under oath. "Integrity" while Mr. Wewebi "was seriously lacking integrity, but failed in these proceedings to have taken the court in his confidence and fully explained his actions. All this characterizes him as a person unfit to practice as a lawyer, especially in light of the authorities already mentioned when it comes to Jiba. "
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ALSO READ: NPA Responds to Rights Group on Abrahams and Jiba
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