Advocates Nomgcobo Jiba and Lawrence Mrwebi have told the Constitutional Court it does not have the jurisdiction to hear the General Council of the Bar’s appeal to have them struck off the roll of advocates.
The council turned to the apex court to have last year’s Supreme Court of Appeal decision overturned.
The two senior prosecutors have been criticised for their conduct in several high-profile cases, including that of former Crime Intelligence head Richard Mdluli.
The advocate for the General Council of the Bar argued that presenting false evidence to a court, which Jiba was found to have done, is sufficient grounds to find against her and strike her from the roll.
Jiba had claimed under oath that she had relied on certain evidence when she reached her decision to authorise racketeering charges against Johan Booysen.
But Jiba and Mrwebi’s legal teams challenged the jurisdiction of the Constitutional Court to hear this matter.
They argue that the court was not being called on to decide on a question of law, but rather on a question of facts, which it cannot do.
If the court rules in the council’s favour, it will automatically prevent the pair from holding their positions at the National Prosecuting Authority.
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