The High Court in Pretoria will on Thursday
rule on Freedom Under Law’s urgent application to have senior
prosecutors Nomgcobo Jiba and Lawrence Mrwebi effectively suspended with
immediate effect.
Judge Bill Prinsloo on Tuesday questioned the urgency of Freedom Under Law’s application and will rule if it can go ahead.
Freedom Under Law seeks the suspension of Ms Jiba and Mr Mrwebi, who have been under a cloud since their conduct as prosecutors was criticised in judgments.
Freedom Under Law on Tuesday wanted the court to make an urgent order that they be interdicted from performing their duties until President Jacob Zuma begins a disciplinary process against them.
Judge Prinsloo said he would be "surprised if anyone in this courtroom doesn’t see this as an important matter" and that it should be resolved quickly. The judge referred to the court’s practice directives that are in place to prevent abuse.
"You don’t have to tell me how important the case is. … But that doesn’t mean you don’t have to play by the rules," said Judge Prinsloo.
He asked if they should not have been given more than two days to file an answering affidavit when their "very livelihoods" are at stake.
Deputy national director of public prosecutions Ms Jiba faces three separate court cases that could put her job in jeopardy.
Head of specialised commercial crimes unit Mr Mrwebi’s fitness as an advocate, and for office, has been challenged in two of those cases.
Freedom Under Law counsel Max du Plessis said Mr Mrwebi and Ms Jiba had enough time because they have answered the same allegations in the other cases — one brought by the General Council of the Bar and another by the Democratic Alliance (DA).
The bar council’s case centres on whether the two are fit to be advocates and the DA is challenging Ms Jiba’s suitability for office.
"We expected that their answering affidavits would be ready-made," said Mr Du Plessis, adding that the senior prosecutors would be able to do "cut and paste" jobs.
Judge Prinsloo asked why Freedom Under Law waited until on Tuesday to bring the case after having threatened in July to litigate.
Mr Du Plessis said the president wrote to Freedom Under Law assuring it that he would look into the matter, and it would have been "precipitous" to come to court earlier.
Hilton Epstein SC, arguing for National Prosecuting Authority boss Shaun Abrahams, said the facts on which Freedom Under Law’s case was based had been in the public domain for months.
Norman Arendse SC, for Ms Jiba, and Rathaga Ramawele, for Mr Mrwebi, said there had been no claims of untoward conduct against their clients since the judgments were delivered last year.
by Franny Rabkin,
Freedom Under Law seeks the suspension of Ms Jiba and Mr Mrwebi, who have been under a cloud since their conduct as prosecutors was criticised in judgments.
Freedom Under Law on Tuesday wanted the court to make an urgent order that they be interdicted from performing their duties until President Jacob Zuma begins a disciplinary process against them.
Judge Prinsloo said he would be "surprised if anyone in this courtroom doesn’t see this as an important matter" and that it should be resolved quickly. The judge referred to the court’s practice directives that are in place to prevent abuse.
"You don’t have to tell me how important the case is. … But that doesn’t mean you don’t have to play by the rules," said Judge Prinsloo.
He asked if they should not have been given more than two days to file an answering affidavit when their "very livelihoods" are at stake.
Deputy national director of public prosecutions Ms Jiba faces three separate court cases that could put her job in jeopardy.
Head of specialised commercial crimes unit Mr Mrwebi’s fitness as an advocate, and for office, has been challenged in two of those cases.
Freedom Under Law counsel Max du Plessis said Mr Mrwebi and Ms Jiba had enough time because they have answered the same allegations in the other cases — one brought by the General Council of the Bar and another by the Democratic Alliance (DA).
The bar council’s case centres on whether the two are fit to be advocates and the DA is challenging Ms Jiba’s suitability for office.
"We expected that their answering affidavits would be ready-made," said Mr Du Plessis, adding that the senior prosecutors would be able to do "cut and paste" jobs.
Judge Prinsloo asked why Freedom Under Law waited until on Tuesday to bring the case after having threatened in July to litigate.
Mr Du Plessis said the president wrote to Freedom Under Law assuring it that he would look into the matter, and it would have been "precipitous" to come to court earlier.
Hilton Epstein SC, arguing for National Prosecuting Authority boss Shaun Abrahams, said the facts on which Freedom Under Law’s case was based had been in the public domain for months.
Norman Arendse SC, for Ms Jiba, and Rathaga Ramawele, for Mr Mrwebi, said there had been no claims of untoward conduct against their clients since the judgments were delivered last year.
by Franny Rabkin,
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