South Africa: Parliament On Advocate Nomgcobo Jiba Final Representations


Justice and Correctional Services Portfolio Committee gives Jiba a final seven days to make representations

The Portfolio Committee on Justice and Correctional Services today resolved to give Adv Nomgcobo Jiba a final seven calendar days (not working days) to make representations regarding President Cyril Ramaphosa’s recommendation for her and Adv Lawrence Mrwebi to be removed from the National Prosecuting Authority (NPA).

This follows a court judgement two weeks ago in which the court found that Adv Jiba has recourse to make representations to Parliament for her restoration, which she had not exhausted when given an opportunity to do so.

Parliamentary Legal Services presented to the committee today and indicated it was Adv Jiba’s application in Part B to have President Ramaphosa’s decision to have her removed declared unconstitutional. She further wanted to be reinstated with full benefits. Part A of her application was to interdict the committee against processing and finalising the president’s decision on the matter. The committee heard that Parliament has an oversight responsibility in deciding if the President’s decision on the removal is fair.

The committee had previously started the process and given Adv Jiba and Adv Mrwebi 10 days to make representations on the matter. Only Adv Mrwebi made representations at the time, whilst Adv Jiba approached the court in order to interdict the parliamentary process. Parliament did not oppose the matter and rather submitted an explanatory affidavit, stating it will await the court decision on whether it can go ahead in processing President Ramaphosa’s decision.

Today, the committee agreed in the interest of fairness and in protecting itself from further litigation that it would give Adv Jiba a final opportunity to make representations. “The committee wants to finalise the matter before Parliament rises in December 2019. By giving Adv Jiba a final seven days provides the committee with protection as well,” said Committee Chairperson Mr Bulelani Magwanishe.

“In our letter to her, we will make it clear this is a final opportunity. The committee further agrees this matter must be dealt with expeditiously. This is not a legal obligation on the committee to provide a further opportunity for representation, but we are doing it in the pursuit of fairness,” said Mr Magwanishe.

Issued by: Parliament of South Africa

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Publish date : 2019-10-30 15:43:24

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