NPABusinessLive reports that former deputy national director of the National Prosecuting Authority (NPA) Nomgcobo Jiba has sought an urgent interdict in the Western Cape High Court to halt the parliamentary process to consider her removal from office by President Cyril Ramaphosa.  

This is pending the outcome of a separate court challenge to the decision to remove her from the NPA.  Parliament’s two justice committees were due to separately commence deliberations on Tuesday on Ramaphosa’s decision in April to remove Jiba and another senior NPA official, Lawrence Mrwebi.  Instead, they both decided to await the outcome of the application for an urgent interdict, which Jiba lodged on Monday afternoon.  In terms of the NPA Act, parliament has to confirm or revoke the president’s decision to remove the national director of public prosecutions, deputy national director or special director.  Ramaphosa would have had no choice but to send Jiba and Mrwebi back to the NPA if parliament resolved that they had to remain in office.  In seeking to set aside Ramaphosa’s decision, Jiba has argued that the NPA Act is unconstitutional in only requiring a simple parliamentary majority for the removal of a NPA director as this did not provide the institution with adequate protection.


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