- Former deputy national director of public prosecutions head, Nomgcobo Jiba, has failed in her attempt to secure her reinstatement
- The Western Cape High Court rejected her application
- Jiba argued that only parliament had the authority to remove her from the National Prosecution Authority (NPA)
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Nomgcobo Jiba has lost her bid to return to work as the High Court rejected her application.
Briefly.co.za learned that Jiba was removed from office by President Cyril Ramaphosa after an inquiry ruled that she was not fit for the position. Retired Constitutional Court judge Yvonne Mokgoro chaired the inquiry.
However, the NPA Act states that Parliament can reverse the decision made by Ramaphose to remove Jiba.
Her application made for the first of two parts of her court case, the second part would deal with the constitutionality of the NPA Act and attempt to set aside the judgement made by Mokgoro according to mg.co.za.
Part of her application was to ask the court to reinstate her and pay her salary while Parliament decided on whether she would get her job back.
He made it clear that the president could remove Jiba but that Parliament could reinstate her if it decided it was necessary.
The judge also made it clear that the court could not reinstate Jiba as this would have been in conflict with the separation of powers.
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