Review of Withdrawal of Charges against Former NDPP Nomgcobo Jiba

Following the appointment of Shaun Abrahams to the post of NDPP, Abrahams announced his withdrawal of perjury and fraud charges against Nomgcobo Jiba, a fomer acting NDPP, and her appointment as the head of an expanded National Prosecutions Services. Several court findings have been made against Jiba and Lawrence Mrwebi, special director of public prosecutions, impugning their integrity and professional conduct, including by the Supreme Court of Appeal in the case brought by FUL against Richard Mdluli.

FUL brought an urgent application seeking the suspension of Jiba and Mrwebi pending an application to review and set aside the decision to withdraw charges. Although FUL did not succeed in its urgent application, the judge noted that the issue was of paramount public importance. In the interim, the General Council of the Bar succeeded in its application to have Jiba struck from the roll of advocates.

On the 21 December 2017, the Court handed down judgment on the merits, reviewing and setting aside the decision to withdraw charges against Jiba; setting aside the decision of the President not to institute an enquiry into Jiba and Mrwebi’s fitness to hold office; ordering the institution of such an enquiry and suspending Jiba and Mrwebi from office pending the enquiry’s outcome (although the implementation of this order was suspended pending finalisation of the appeal in the GCB matter to have them struck from the roll). Jiba and Mrwebi were also prohibited, pending finalisation of the appeal in the GCB matter, from performing any function within the NPA, presenting themselves at its offices or engaging in any discussion concerning NPA cases.

This case, together with the Nxasana judgement, paves the way for a revitalised NPA — holding out the prospect of a new head of integrity and conscientiousness and rid of those actors who have made it so vulnerable to political interference.