Parliament, Tuesday 3 December 2019 – The National Assembly (NA) and the National Council of Provinces (NCOP), at their respective sittings today, agreed not to restore both Advocate Nomgcobo Jiba and Advocate Lawrence Sithembiso Mrwebi to their positions at the National Prosecuting Authority (NPA).

As required by sections 12 (6) of the National Prosecuting Authority Act of 1998, the President wrote to Parliament communicating his decision to remove Advocate Jiba as Deputy National Director of Public Prosecutions and Advocate Mrwebi as the Special Director of Public Prosecutions at the NPA.

Section 12(6)(c) of the Act enjoins Parliament to, within 30 days or soon thereafter of receiving the communication, pass a Resolution as to whether or not it agrees with the President’s decision.

The NA and the NCOP then mandated their respective committees, the Portfolio Committee on Justice and Constitutional Services and the Select Committee on Security and Justice, to probe if the process followed by the President in removing the two advocates complied with the Act, was fair and whether he applied his mind properly on the matter.

Following legal consultations on procedures to follow and interactions with Adv Jiba and Adv Mrwebi, the Committees proposed that the two Houses endorse the President’s decision to remove them.

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