Advocate Nomgcobo Jiba remains on special leave despite a Supreme Court of Appeal (SCA) ruling that overturned a High Court judgment that struck her off the roll of advocates in 2016.
Jiba’s lawyer Zola Majavu on Wednesday said his client was pleased with judgment but said processes for her to return to work were still to be handled by the National Prosecuting Authority (NPA).
“She elected to ask the NPA to place her on special leave, which her employer agreed to do that. It had nothing to do with her employer relationship with the NPA. I intend to writing a letter to the employer and notifying them now that the issue that ‘I was special leave for has been heard, may I return to work?’ And then it is up to the employer,” said Majavu.
The SCA in Bloemfontein ruled in Jiba and Lawerence Mrwebi’s favour on Tuesday when it found against the decision to strike her off the roll of advocates.
Jiba, who has been on suspension since 2016, served as the deputy National Director of Public Prosecutions (NDPP). Mrwebi served as the head of Specialised Commercial Crime Unit at the NPA.
The main High Court application was brought by the General Council of the Bar of South Africa (GCB), who motivated for the pair’s removal based on several controversial cases they handled.
One of those cases involved the decision to drop corruption charges against former Crime Intelligence boss Richard Mdluli.
In the SCA judgment, the court found discrepancies with regards to the reasons why the High Court decided to disbar Jiba and the reasons presented by GCB, and as such it found no misconduct against Jiba.
This ruling effectively paves the way for Jiba and Mrwebi to return to work.
The GCB said on Wednesday that it was still studying the judgment and would share its views soon.