Nomgcobo Jiba and Lawrence Mrwebi's ability to hold office has come into sharp focus at the Mokgoro Inquiry with damning evidence revealing that Jiba may not have been suitably qualified to be appointed as a deputy director in 2002.
The inquiry was established in terms of section 12, chapter 6 of the National Prosecuting Authority Act‚ which applies directly to Nomgcobo Jiba and read with section 14 chapter 3 applies to Lawrence Mrwebi.
It sets out the conditions under which the president may provisionally suspend the national director or a deputy national director from his or her office‚ pending an inquiry into his or her fitness to hold such office.
The retired Constitutional Court Justice Yvonne Mokgoro, who is investigating whether the pair is fit to hold office, is expected to submit her findings to the president by the end of next week.
Senior EWN reporter Barry Bateman and Claudi Mailovich, Business Live Reporter unpack the Mokgoro Inquiry on Joba and Mrwebi with Eusebius McKaiser.
Going back to 2011, there have been numerous adverse findings against Jiba and Mrwebi. The Former head of the National Prosecuting Authority, Mxolisi Nxasana got to a point where he was pleading with the then president, Jacob Zuma to take actions against Jiba and Mrwebi.— Barry Bateman, Senior reporter - EWN
Advocates occupying such high positions need to be fit to hold office. In the General Council of the Bar application to strike Nomgcobo Jiba and Lawrence Mrwebi from the roll of advocates. The Supreme Court of Appeal ruled that it does not justify striking them from the role of advocates for their actions, but the the court said, what constitute them to be strike off is incompetence, and incompetence is what one needs to have when you are appointed as the deputy NDPP.— Claudi Mailovich, Reporter - Business Day Live
Among other evidence that is presented at the inquiry is the National Prosecuting Authority (NPA) records which reveal that when Jiba was appointed as a deputy director in 2002, she was neither an advocate nor an attorney as contemplated in the relevant legislation.
Click below to listen to the full interview: