The Constitutional Court must decide whether it will be the final arbiter on whether suspended National Prosecuting Authority officials Nomgcobo Jiba and Lawrence Mrwebi are fit and proper to be advocates.
The legal battle in the Constitutional Court on Thursday took place a day before the Mokgoro inquiry is expected to give its report to President Cyril Ramaphosa in a separate process established to determine whether the two are fit to hold office in the NPA. That inquiry is chaired by retired Constitutional Court justice Yvonne Mokgoro.
The court heard the General Council of the Bar's application for leave to appeal against the Supreme Court of Appeal judgment which placed Jiba, the suspended deputy national director of public prosecutions, and Mrwebi, the suspended special director of prosecutions and head of the Specialised Commercial Crimes Unit, back on the roll of advocates in 2018.
The main issue at hand was whether there were any constitutional or legal issues which arose out of the Supreme Court of Appeal judgment on which the appeal was based. The Constitutional Court as a rule does not hear appeals which arise only out of disputes on the interpretation of facts.
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