Thu, 28 Jan 2021

Nomgcobo Jiba ditches bid to return to NPA

09 Nov 2019, 04:10 GMT+10

Nomgcobo Jiba has given up on her attempts to get her job as Deputy National Director of Public Prosecutions back.

Last week, Parliament's Portfolio Committee on Justice and Correctional Services resolved to give Jiba another opportunity to furnish them with representations on why she should be reinstated in the post after President Cyril Ramaphosa fired her.

Parliament's spokesperson Moloto Mothapo confirmed on Friday that Jiba wrote to National Assembly Speaker Thandi Modise, stating that she would not be seeking restoration by Parliament to her position in the National Prosecuting Authority.

"Advocate Jiba also expressed her appreciation for the manner in which Parliament approached the matter from the beginning to date," said Mothapo.

"The Portfolio Committee on Justice and Correctional Services and the Select Committee on Security and Justice will, upon conclusion of its consideration of the matter, report to the House, taking Advocate Jiba's letter into consideration."

READ | Court dismisses Jiba's bid to be reinstated at NPA

Jiba reportedly said the reasons for her decision were personal, as the matter had taken a toll on herself and her family.

Ramaphosa fired Jiba and her colleague Lawrence Mrwebi in April following an inquiry headed by retired Constitutional Court Justice Yvonne Mokgoro, News24 previously reported.

The inquiry found that they were not "fit and proper to hold their respective offices", according to a statement from the Presidency.

The decision had to be referred to Parliament to determine whether Jiba and Mrwebi should be reinstated, not whether they should be fired.

READ | Failure to act against Jiba, Mrwebi harmed NPA - Nxasana tells state capture commission

As the parliamentary process got underway, Jiba launched a court application, in which she asked the court to order Ramaphosa and National Director of Public Prosecutions Shamila Batohi to reinstate her "with all associated employment benefits with immediate effect".

She also asked the court to interdict or prohibit the president and NDPP from filling the position until the review had been finalised.

While the matter was before court, Parliament agreed to halt their process.

Failed to make compelling case

The committee decided to proceed with the process to determine whether Jiba and Mrwebi should be reinstated after her Western Cape High Court bid to stop it failed two weeks ago.

In October, Judge Robert Henney delivered his judgment and found Jiba had failed to make a compelling case, News24 reported.

He said the court would "intrude upon the oversight function of Parliament".

Before the court case, the committee gave Jiba and Mrwebi 10 days to furnish it with a representation on why they should be reinstated. Mrwebi lodged his representation with the committee, but Jiba opted not to do this and instead started the court proceedings.

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