JUSTICE AND CORRECTIONAL SERVICES COMMITTEE NOTES COURT ORDER ON ADV JIBA INTERDICT

Parliament, The Portfolio Committee on Justice and Correctional Services has noted the order of the Western Cape High Court issued by agreement between the parties, in terms of which Parliament agrees not to proceed with the parliamentary process pending the determination of Adv Nomgobo Jiba’s application to have her removal from office set aside.

Committee Chairperson Mr Bulelani Magwanishe said in response to the order: The committee will abide by the order of the court. The parliamentary process, which was envisaged in terms of section 12(6) of the NPA Act, will be put in abeyance, pending a determination on Adv Jiba’s application to have her removal from office by President Cyril Ramaphosa and National Director of Public Prosecutions declared unconstitutional and unlawful.

The committee was set to consider whether or not to restore Adv Jiba and Adv Lawrence Mrwebi to office this week, but an urgent application was brought to interdict the parliamentary proceedings. Adv Jiba brought an urgent application late on Monday, asking for the committee’s proceedings to be suspended pending the review of her removal. Adv Jiba has asked the court to set aside the Mokgoro report, after President Cyril Ramaphosa used it in April to relieve her and Adv Mrwebi of their duties in the National Prosecuting Authority.

The committee had previously given Adv Mrwebi and Adv Jiba 10 working days to make submissions on why they should not be removed from their positions. The review application is likely to be heard on 19 September 2019.

Source: Parliament of the Republic of South Africa