Former Acting National Director of Public Prosecution head, Advocate Nomgcobo Jiba cannot be blamed for failure by National Director of Public Prosecutions (NDPP) to prosecute former head of police crime intelligence Richard Mdluli.

This is according to Senior Counsel Norman Arendse, representing Jiba in the Supreme Court of Appeal in Bloemfontein.

Arendse says decisions that were taken to not prosecute Mdluli were taken before her appointment as Acting Head of NDPP, and barely two months after her appointment.

Jiba and Specialised Commercial Crimes Unit head, Lawrence Mrwebi are appealing a High Court 2016 decision which ordered that they be struck off the roll of advocates.

Both Jiba and Mrwebi have been placed on special leave.

Arendse says Mrwebi and Andrew Chauke also from the NPA should both be held responsible for the decision made.

“We also know from the common cause facts that both Mrwebi and Chauke were authorised under the act to take those decisions, and in relation to those decision responsibilities or blame cannot be attributed to her.”