Chief Justice Mogoeng Mogoeng,
Deputy Chief Justice,
Justices of the Constitutional Court, SCA and High Courts
Magistrates,
Distinguished Guests,
Ladies and Gentlemen.
Parliament, Tuesday, 20 August 2019 – The Portfolio Committee on Justice and Correctional Services today had to delay its planned meeting to consider the restoration or removal of Adv Nomgcobo Jiba, former deputy director of the National Prosecuting Authority, and Adv Lawrence Mrwebi to office as an urgent application was brought to interdict the parliamentary proceedings.
Adv Jiba brought an application in the Western Cape High Court late on Monday and asked for the committee’s proceedings to be suspended while she took the matter of her removal on review. Adv Jiba seeks to set aside President Cyril Ramaphosa’s decision to remove her from office until her application on the Mokgoro report has been dealt with.
The committee was told that the urgent application will be heard in the Western Cape High Court tomorrow. Committee Chairperson Mr Bulelani Magwanishe said the committee resolved to await the outcome tomorrow’s ruling. The committee heard from Parliamentary Legal Services that a notice is to be filed in court by Parliament with an explanatory affidavit indicating the processes followed to date. The committee was cautioned that it may not be in Parliament’s interests to start a process that may be interdicted tomorrow.
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. In terms of legislation, President Ramaphosa has to refer his decision to Parliament for confirmation.
Mr Magwanishe said the committee will reassess its programme once the court has dealt with the urgent application, as it has set aside several days to deal with this matter.
The committee had previously given Adv Mrwebi and Adv Jiba 10 working days to make submissions as to why they should not be removed from their positions. Following the news of Adv Jiba’s urgent application, Adv Mrwebi informed the committee that although he complied with the request for submissions, he is now of the opinion that his matter should also be delayed until the urgent application has been dealt with tomorrow.
ISSUED BY THE PARLIAMENTARY COMMUNICATION SERVICES ON BEHALF OF THE CHAIRPERSON OF THE PORTFOLIO COMMITTEE ON JUSTICE AND CORRECTIONAL SERVICES, MR BULELANI MAGWANISHE.
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