The Constitutional Court will on Thursday hear an application for leave to appeal relating to the acceptable standards of conduct for determining whether advocates are fit to hold office.
In April last year the General Council of the Bar of South Africa instituted an application in the High Court in Pretoria against suspended deputy prosecutions boss Advocate Nomcobo Jiba, suspended Special director of Public prosecutions, advocate Lawrence Mrwebi and North Gauteng director of Public Prosecutions Sibongile Mzinyathi.
The council was seeking an order to strike the respondents off the roll of advocates, alternatively, to suspend them from practising as advocates.
The High Court found that Jiba and Mrwebi were not fit and proper persons to be advocates due to the way they handled the Richard Mdluli case and that their names be struck from the roll.
It however dismissed the application against Mzinyathi with costs.
Jiba and Mrwebi appealed to the Supreme Court of Appeals which ruled that the General Council of the Bar failed to establish the alleged offending conduct on the part of Jiba.
With regards to Mrwebi the SCA agreed he was not fit and proper to practice as an advocate but that the striking off the roll sanction was inappropriate as he personally did not gain anything.