Suspended deputy national director of public prosecutions (DDPP) Nomgcobo Jiba allegedly referred to herself as an advocate more than seven years before she was admitted as one in the Eastern Cape.
This was claimed in written submissions made by the evidence leaders in the inquiry into her and suspended special director Lawrence Mrwebi’s fitness to hold office.
The inquiry, headed by former constitutional court justice Yvonne Mokgoro, has completed hearing evidence and a report will be submitted to President Cyril Ramaphosa soon.
Jiba’s attorney, Zola Majavu, said they had made submissions before the panel and would not wish to comment. “It’s surprising that this is a news item when an explanation was given in front of the panel. For us, we will await the panel’s findings and not get involved in the media frenzy about this. We elect to await the panel’s outcome and give them space,” Mavu said.
According to the submission, the evidence leaders claim there was confusion around whether Jiba was an advocate or attorney, even after her appointment as the deputy director of public prosecutions in 2001. Correspondence addressed to Jiba at the time referred to her as an advocate, and she had also referred to herself as “advocate” as early as 2002.
Jiba was only admitted as an advocate in June 2010 in Mthatha — mere months before she was appointed as deputy of the National Prosecuting Authority.
The evidence leaders said in a 2002 skills audit by the directorate of special operations — the now-defunct Scorpions — Jiba identified herself in her official job title as “advocate”.
The evidence leaders said she also identified herself as “Adv Jiba” in her financial disclosure form, submitted on August 7 2003.
Correspondence between advocates Mokotedi Mpshe, acting NPA boss at the time, and Menzi Simelane, who was then a director-general, in January 2008 also showed that they had referred to her as “Adv Jiba”.
“One can thus only conclude that even at that juncture both Mpshe and Simelane were under the impression that she was an admitted advocate,” the evidence leaders said.
The issue of her qualifications was initially raised during cross-examination by evidence leader Nazreen Bawa, but there was no clarity at that stage whether she had the right of appearance in all courts in SA, including the high court, when she was appointed as deputy NPA boss, which is a requirement for the post.
The submissions by Bawa and her team said it appeared that at the time Jiba was appointed as DDPP she was neither an attorney nor an advocate and did not have the right to appear in court as is required by the NPA Act.
“It must, therefore, follow that Jiba did not meet the peremptory requirements for her appointment as a DDPP in 2001,” the evidence leaders have submitted. The evidence leaders referred to Jiba’s answer under cross-examination in which she was asked how she was appointed without meeting the statutory requirements. She said she was not aware of what those who appointed her took into consideration.
They said Jiba’s legal team could have easily cleared this up by providing the letter of appointment, but at the date of preparing the submissions had not yet done so.
James Grant, associate professor of law from the University of the Witwatersrand, said Jiba referring to herself as an advocate before the court gave her the right to, amounted to a misrepresentation on her part, and depending on the intent behind it, may also amount to fraud.
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