The decision to suspend senior NPA officials Nomgcobo Jiba and Lawrence Mrwebi now rests with President Cyril Ramaphosa.
It follows a successful application by Freedom Under Law asking the court to order the President to institute disciplinary inquiries into their fitness to hold office.
Jiba and Mrwebi had until Friday to motivate why they should not be suspended, pending the inquiry.
The decision is to restore credibility and public trust in the Prosecuting Authority.
Their deadline expired on the eve of the Concourt ruling on the validity of NPA boss Shaun Abrahams’ appointment.
A last minute check of the voluminous submission, Jiba and Mrwebi have had to put compelling cases forward.
Jiba’s legal counsel however won’t reveal much. Jiba’s lawyer Zola Majavu says:”We are really detailing chapter and verse, we’ve also attached a number of annexures to make the point so what we think is a holistic view so that when he makes his decision at lease he has had the opportunity of a full view beyond what is punted in the media.”
Majavu says the drawn out litigation process has taken its toll. “There is only so much one human being can take. She remains resolute she continues to subject herself to the rule of law on that score she is doing fine.”
Jiba and Mrwebi’s legal woes started in 2016. They were struck off the roll of advocates by the Pretoria High Court.
It found that they were unprofessional, dishonest and acted fraudulently in their handling of former Crime Intelligence head Richard Mdluli.
The two were then placed on special leave. They appealed to the Supreme Court of Appeal, which overturned the High Court ruling.
Jiba and Mrwebi returned to office in July.
On Monday, the Concourt will deliver judgement on whether Mxolisi Nxasana’s removal as NDPP and Abrahams’ appointment is invalid.
ConCourt’s decision on Abrahams due Monday
Shaun Abrahams will know his future as NPA chief on Monday when the Constitutional Court hands down judgment in this regard.
In February this year, the ConCourt reserved judgment on an application to confirm two declaratory orders that Abrahams’s appointment was invalid, made by the High Court in Pretoria the previous December.
The High Court declared that former president Jacob Zuma had acted unconstitutionally by terminating Mxolisi Nxasana’s appointment as the then National Director of Public Prosecutions and replacing him with Abrahams.
The application was brought by two NGO’s – Corruption Watch and Freedom Under Law.
Abrahams and the NPA are appealing against the order setting aside Abrahams’s appointment.
