Lawrence Mrwebi and Nomgcobo Jiba to continue practising as advocates
The Constitutional Court has ruled in favour of advocates Nomgcobo Jiba and Lawrence Mrwebi that they will remain on the roll of advocates.
The pair was fired from the National Prosecuting Authority (NPA) by President Cyril Ramaphosa.
The General Council of the Bar wanted the two to be struck off the roll but they wanted to remain and practise as advocates.
This is after the High Court in Pretoria ruled in favour of the bar but the pair took the matter to the Supreme Court of Appeal (SCA).
According to Council for the Advancement of the South African Constitution executive secretary Lawson Naidoo says the application for leave to appeal was denied because it did not raise any specific constitutional issues but the fact that the SCA interpreted the case incorrectly.
This is the final say in terms of their position remaining on the roll of advocates but this is a different issue on the matter of their positions at the NPA.Lawson Naidoo, Executive secretay - Council for the Advancement of the South African Constitution
What today's judgment means is that they can continue to practise as private advocates at one of the bars in South Africa.Lawson Naidoo, Executive secretay - Council for the Advancement of the South African Constitution
General Council of the Bar chairperson Craig Watt-Pringle says he is disappointed with the Constitutional Court ruling.
Just reading the Constitutional Court ruling, it refers to Jiba to no less than three courts in final judgments having made findings of dishonesty on the part of someone who was not just an advocate but was very near to the pinnacle of the NPA.Craig Watt-Pringle, Chairperson - General Council of the Bar
Here we are talking about somebody who was in a position to overrule junior prosecutorial officials in relation to whether a particular prosecution should continue or not.Craig Watt-Pringle, Chairperson - General Council of the Bar
It comes down to a highly technical approach on the findings of the three courts that factually misconduct was not shown and that is the upshot of it.Craig Watt-Pringle, Chairperson - General Council of the Bar
To hear the rest of the conversation, listen below:
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