Nomgcobo Jiba. Picture: SOWETAN
Nomgcobo Jiba. Picture: SOWETAN

DEPUTY National Director of Public Prosecutions Nomgcobo Jiba will appeal a high court decision that she be struck from the roll of advocates, her lawyer, Zola Majavu, said on Thursday.

"I can confirm that I discussed this matter with my client … she respects the judiciary and she respects the court’s court decision, however, she is going to appeal it and she has instructed us to start the process and I’m hoping to file that application for an appeal in the next couple of days," Majavu said.

Jiba has 14 days to appeal the court’s decision.

The High Court in Pretoria ordered that Jiba and Lawrence Mrwebi, head of the specialised commercial crime unit, be struck off the roll of advocates, ruling in favour of the application that the General Council of the Bar brought against the two.

Majavu said Jiba would remain in her position at the NPA until the appeal process had been concluded.

She would need to vacate her position only if her appeal failed, as she would be ineligible to work at the prosecuting authority if she were struck off the roll.

Majavu said the matter was not over, "not by a long shot".

The bar council brought the application last year. It wanted the three removed from the roll of advocates for how they had handled three highly political cases.

These included the NPA’s decision to drop corruption charges against the former head of the crime intelligence division‚ Richard Mdluli.

Majavu said Jiba was criticised in four judgments in various courts‚ but the criticism in three of the cases did not warrant her name being struck off the roll.

"At this stage‚ the court has found she is not fit to be on the roll. It is against this finding that I have been instructed to apply for leave to appeal."

The NPA said it noted the judgment.

"We will reflect on issues raised in the judgement with a view to determining legal avenues to explore," it said.

With TMG Digital