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Jacob Zuma (GCIS), Nomgcobo Jiba (EWN), Lawrence Mrwebi (Netwerk24)
Just as Nomgcobo Jiba was preparing to return to his office at the NPA after almost two years of special leave, the General Council of the Barreau announced Tuesday that it had decided on the weekend that it would seek leave to appeal from a majority decision of the Supreme Court of Appeal to overturn a decision of the High Court of North Gauteng that Jiba and Lawrence Mrwebi were not "fit" to act as defenders and should be struck off. Lady Justice has not yet sung and the infantrymen of State Capture are still standing.
What we could have heard at the AGA of the General Council of the Bar in Johannesburg this weekend where "in-depth discussions" resulted in a vote of 18 to 12 votes (with two abstentions ) in favor of the constitutional approach. Court of Appeals SCA Majority Judgment of last Tuesday reversing a decision of the High Court of North Gauteng that lawyers Nomgcobo Jiba and Lawrence Mrwebi be struck off the role of lawyers.
At this stage, the GCB has not indicated on what basis it will approach the Constitutional Court. Last week, the SCA, in a majority judgment, concluded that a decision of the High Court of North Gauteng rejecting Jiba and Mrwebi had been incorrect.
In his majority decision, Judge Jerry Shongwe concluded that the GCB had "failed to establish the alleged offending behavior on the basis of a balance of probabilities" with respect to Jiba. In the Mrwebi case, Judge Shongwe concluded that the head of the Commercial Crimes Section had been "severely treated" by the High Court.
In his judgment of September 2016, Frans Legodi, High Court Judge of North Gauteng found that Jiba had "flouted all the rules in the fight against crime." Her inability to intervene when she was forced to do so failed the citizens of this country and, in so doing, discredited the image of the legal profession and the prosecutorial authority, Mrwebi and Jiba should all two have ceased to be fit people to stay on the list of lawyers. "
Judge Legodi is not the first to sanction the behavior of Jiba or Mrwebi.
Jiba was strongly criticized by no less than 12 judges, on four benches, in three different cases, since being appointed Deputy Director of the NPA in December 2010 and acting Director in December 2011.
Meanwhile, she made three controversial decisions: the first was the withdrawal of charges against Richard Mdluli, former chief of Crime Intelligence and protector of Zuma, the second was to authorize racketeering charges against the head of the KZN Hawks, Johan Booysen and the third was the retention of documents in the "Zuma" application of the Democratic Alliance
Judge John Murphy, ruling in the High Court of Gauteng in 2013 on Mrwebi's withdrawal of charges of fraud and corruption against former Crime Intelligence chief Richard Mdluli said the decision was "illegal, irrational, based on unpopular considerations. "
In February 2014, Durban Supreme Court Judge Trevor Gorven concluded that Jiba's decision to prosecute Booysen was unconstitutional and invalid.
Mxolisi Nxasana, then president of the NPA (before resigning from his post with a payment of 1790 million rand ), who, following the 2014 decision, accused Jiba and Mrwebi of fraud and perjury. The charges were later withdrawn by Shaun Abrahams who was appointed by Jacob Zuma after the sudden exit of Nxasana.
It is also Nxasana who referred the conduct of Jiba and Mrwebi to the General Bar Council.
In 2016, Willie Hofmeyr then one of the two deputy directors of the Public Prosecutor, condemned affidavit (in the case of 'gangs'). espionage "of DA) accusing Abrahams of lying under oath and" deceiving "the court in order to protect Jiba. For his efforts, Abrahams transferred Hofmeyr to the equivalent of Siberia, the legal affairs division.
Hofmeyr stated in his affidavit that Abrahams had lied saying that he had not made the decision to remove Jiba and that the lawyer Marshall Mokgathle was responsible. Hofmeyr included, in his affidavit, an email from Mokgathle stating that he was awaiting a decision from the NDPP's office, Shaun Abrahams.
Hofmeyr then explained how Abrahams had ignored the legal opinions of two NPA prosecutors, including the experienced and respected Jan Ferreira, to indict Jiba. In addition to this, Hofmeyr also detailed how a senior employee of the NPA's security and risk department, Terence Joubert, had investigated Nxasana at Jiba's request with " to obtain the removal of Mr. Nxasana "
The ruling of last week's SCA majority reinstating Jiba and Mrwebi as lawyers was drafted by Judge Jeremiah Shongwe with Judges Willie Seriti and Judge Connie Mocumie. An opposing minority judgment was delivered by Justices Christiaan van der Merwe and Lorimer Eric Leach, who held that the High Court's decision to strike them off should be upheld.
Judge Seriti, who had been appointed by President Zuma to head a commission in the multibillion- Subsequently, in 2007, he served as the "interception judge" and authorized the National intelligence agency to intercept telephone conversations between Bulelani Ngcuka, then president of the NPA, and Leonard McCarthy, chief of Scorpions
. the "spy tapes" used by Mokotedi Mpshe, then head of the NPA, to withdraw the corruption charges against Jacob Zuma, paving the way for the presidency in 2009.
In this case, the actions of all interested could seem to be an enigma, wrapped in a mystery inside an enigma, but all fingers point in a specific direction – the former president Jacob Zuma.
In 2014, Jiba was ordered to comply with a previous court order and hand over the "spy cbadettes" and documents to Noel Hurt, retired judge of KwaZulu-Natal . In this case, the SCA also tore up Jiba by saying that the NDPP had been "less than sincere" and that "in this case, the NDPP [acting] Mrs. [Nomgcobo] Jiba, had provided a generalized hearsay affidavit and The affidavits of persons who had direct knowledge of the relevant facts were clearly absent "and added that Jiba's" disinterest in badisting the High Court or this Court is disconcerting ".
descend to this; the last men and women standing while their political director, former president Jacob Zuma (as well as those who have supported and defended him for more than a decade), face the last curtain before the court.
only in the ANC but on key institutions like the NPA, SAPS and the Hawks made it vulnerable. Those who have supported Zuma now risk being exiled to an outer political tundra. They must resist at all costs.
Jacob Zuma's long march to the dock has left many victims among criminal justice professionals, including Anwa Dramat, Hawks Head, Shadrack Sibiya, KZN Hawks. Johan Booysen, the former NPA attorney, Glynis Breytenbach, as well as the police minister Bheki Cele (who is not a friend of Richard Mdluli)
Monday Robert McBride, another hurdle to those who compromised the SAPS, the CI Hawks and the NPA found themselves at the center of a letter that the Minister of Police Cele addressed to the Parliament's Police Portfolio Committee regarding charges of "conduct contrary to the # 39; ethics. "
McBride never hid that there corrupt elements in the SAPS and the Hawks. The referral of the letter to the Police Portfolio Committee comes as the IPID Amendment Bill is being discussed. The bill, pursuant to a decision of the Constitutional Court, aims to give IPID more independence vis-à-vis the Minister of Police.
IPID issued a statement saying that the allegations against McBride are the same as those of one of our investigators, Cedrick Nkabinde, who has been offered a senior position by the SAPS for falsely implicating the head of investigations, Mr. Matthews Sesoko, team leader, Innocent Khuba and IPID executive director, Robert McBride, for misconduct ".
he had met Celine twice and "raised Nkabinde's allegations against myself, Khuba and Sesoko, and also told the minister that all the investigators on the work team had refuted Nkabinde's allegations as false. I've never asked to answer any of the allegations nor to give my point of view. "
He welcomed the opportunity to formally respond to any allegations in accordance with the judgment of the Constitutional Court on the independence of l & # 39; IPID.
" I have often brought to the attention of the PCP and the Minister various acts of misconduct and criminality on the part of senior police officers. 39, no investigation has been conducted about them.Notwithstanding, I will cooperate fully with any investigation.I have already said that these allegations are nothing more than an attempt to prevent senior police officers to investigate and avoid such investigations.The IPID has documents and recordings to refute such allegations. "
In May 2018, the I & # 39; IPID confirmed that two of its investigators had been offered senior positions by SAPS members in exchange for the involvement of McBride and other IPID investigators. PCP and the Standing Committee on Public Accounts (SCOPA) in early 2018.
" We will not be intimidated to end our investigations against the ten (10) SAPS generals, which is the real motive behind the actions of our suspects. timely information It is well-known that IPID investigations have uncovered hundreds of millions of cases of SAPS corruption and that we are finding more and more of them every day. IPID has obtained a court order from North Gauteng prohibiting SAPS members from conducting counter-investigations against IPID investigators who are investigating them.
Members of the SAPS against whom the court order has been obtained are the same as those involved in the opening of false lawsuits against IPID investigators and the executive director.These are the same people who offer incentives to both investigators in hange false statements to implicate McBride and others in wrongdoing.
Since the investigations were opened, IPID has discovered overwhelming evidence of corruption against senior officers.
" It is not surprising that there are attempts to torpedo our investigations.What is at stake is the operational independence and Structural Structure of IPID. "
Jacob Zuma's term ended with criminal charges and he was sworn in after racketeering and corruption charges were dropped by Mokotedi Mpshe, then head of the NPA. 2009. He left office in 2018 after the Supreme Court of Appeals in 2017 ordered that No. 1 be now Accused No. 1.
Key institutions aimed at protecting and preserving the constitutional democracy of South Africa remain under threat from those who have rooted in the system over the years to serve narrow political interests rather than citizens who clung to the expensive life. fragile democracy during the years of rapacious and destructive Jacob Zuma as president. We are counting on him to continue doing so while we are cleaning up a mess on an industrial scale where an estimated 100 billion rand has been avoided. DM
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