Jiba & another v The General Council of the Bar of South Africa; Mrwebi v The General Council of the Bar of South Africa

The General Council of the Bar of South Africa (GCB) applied in the Gauteng Local Division, Pretoria, to strike the names of advocates Nomgcobo Jiba and Lawrence Sithembiso Mrwebi from the roll, alleging that they were not fit and proper persons to practise. The application arose from their conduct while serving in senior positions within the National Prosecuting Authority, particularly in relation to the handling of the Mdluli matter, the Boysen matter, and the so-called spy tapes. The High Court ordered that Jiba and Mrwebi be struck from the roll, but dismissed a similar application against advocate Sibongile Mzinyathi with costs. Jiba and Mrwebi appealed to the Supreme Court of Appeal (SCA), while the GCB lodged a counter-appeal against the costs order relating to Mzinyathi.

The appeal by Jiba succeeded and the order striking her from the roll was set aside. The appeal by Mrwebi succeeded in part: the striking-off order was replaced with an order suspending him from practice as an advocate for six months with effect from 15 September 2016. The GCB’s counter-appeal against the costs order in favour of Mzinyathi was dismissed with costs.

This case is significant for clarifying the proper application of the Jasat test in striking-off proceedings and for emphasising that striking an advocate from the roll is a sanction of last resort. It underscores the importance of proportionality in disciplinary sanctions, affirms that professional disciplinary proceedings are protective rather than punitive, and confirms that regulatory bodies such as the GCB may be mulcted in costs if they act unreasonably.