The Committee considered the two draft reports.
The Draft Report of the Consideration of Draft Committee Report on Removal of advocate Nomgcobo Jiba and Advocate Lawrence Sithembiso from their Positions in the National Prosecuting Authority was adopted with amendments.
The Draft Report on the request to fill the upcoming vacancy of Deputy Public Protector was adopted with amendments. However, the African Christian Democratic Party, Democratic Alliance and Economic Freedom Fighters firmly opposed the passing of this report.
Committee Report on Removal of Adv Jiba and Adv Mrwebi from NPA positions
The Committee went through the draft report on whether or not to restore Advocate Nomgcobo Jiba and Advocate Lawrence Sithembiso from their Positions in the National Prosecuting Authority.
The President had communicated to the Speaker of the National Assembly his decision to remove Adv. Nomgcobo Jiba and Adv. Lawrence Sithembiso Mrwebi from their positions at the National Prosecuting Authority (NPA) of Deputy National Director of Public Prosecutions (DNDPP) and Special Director of Public Prosecutions (SDPP), respectively, in terms of section 12(6)(b) of the National Prosecuting Authority Act 32 of 1998 (“the Act”). In terms of this Act Parliament, (through the relevant Committee), should pass a resolution as to whether or not restoration to office at the NPA is recommended.
The Chairperson asked if there were any corrections on page 1 of the draft report.
Adv S Swart (ACDP) said that the word ‘session’, in the second last sentence on page 1, should be removed.
The Chairperson and the Parliamentary legal staff noted the amendment.
Ms N Maseko-Jele (ANC) said that the paragraph before the introduction stated that ‘The Portfolio Committee on Justice and Correctional Services, having considered the President’s decision to remove…’ and that it should actually speak to paragraph 3.3.1. page 7 which stated that the ‘Enquiry found that, in view of the totality of evidence and in light of the evaluation of that evidence, both Adv. Jiba and Adv. Mrwebi were not fit and proper to hold their respective offices’. She wanted the connection to be made between what was said on page 1 and page 7 to be clearer.
The Chairperson noted what Ms Maseko-Jele said and the Committee would come back to the point she made after having gone through the entire report.
Mr W Horn (DA) had a suggestion page 10. On Paragraph 3.4.6. it speaks about ‘their respective positions of SDPP’ that was only Adv. Mrewbi’s position. The paragraph also needed to include the Deputy National Director position of Adv. Jiba.
The Chairperson and the Parliamentary legal staff noted the amendment
There were no other amendments suggested.
The Chairperson went back to the point raised by Ms Maseko-Jele and asked her if she had the same view.
Ms Maseko-Jele replied that she understood why the beginning of the report was worded as it was and that she had no issues.
Mr X Nqola (ANC) moved to adopt the report with the proposed amendments.
Adv H Mohamed (ANC) seconded the adoption of the report.
The Report of the Portfolio Committee on Justice and Correctional Services on whether or not to restore Advocate Nomgcobo Jiba and Advocate Lawrence Sithembiso Mrwebi to their positions of Deputy National Director of Public Prosecutions and Special Director of Public Prosecutions at the National Prosecuting Authority was adopted with amendments.
Committee Report on the request to fill the upcoming vacancy of Deputy Public Protector
The Committee went through the draft report of the Portfolio Committee on Justice and Correctional Services on the nomination of a suitable person for appointment as Deputy Public Protector.
Adv G Breytenbach (DA) requested that on page 5 paragraph 8 a phrase be added to provide a more accurate retelling of what happened during the deliberations. It should be added that the Democratic Alliance did not support this candidate and that the objection was noted. The Economic Freedom Fighters also did not support this candidate and that the objection was noted. She added a single sentence would be fine as long as it reflected what happened in the previous meeting.
Ms Maseko-Jele said that it must reflect the meeting properly. There were deliberations and the members had the opportunity to reflect and discuss their opinions on the candidates. It should not be one line as it might look like the opposition parties were not given an opportunity to discuss the matter.
Adv Breytenbach said that one sentence would be enough. They were given an opportunity to deliberate and that was not an issue. She just wanted it to reflect that the DA did not support the candidate and that the EFF did not support the candidate.
Adv Mohamed said that a single sentence should be added in a new paragraph 8.2.
Adv Breytenbach replied that she ‘was not interested in the cosmetics’ but ‘was interested in the accuracy’.
The Chairperson noted the amendment.
Mr Nqola moved for the adoption of the report with the proposed amendments.
Ms J Mofokeng (ANC) seconded the adoption of the report.
Adv Swart objected the adoption of the report.
The Report of the Portfolio Committee on Justice and Correctional Services on the nomination of a suitable person for appointment as Deputy Public Protector was adopted with amendments with the objection of the DA, EFF and ACDP.
The Chairperson thanked the members of the Committee for their hard work. He also thanked the parliamentary staff and researchers for their support and guidance in the drafting of the two reports.
Adv Breytenbach, on the behalf of the DA, thanked the Committee support staff, researchers and the parliamentary legal services for their support.
Adv Swart, on the behalf of the ACDP, thanked the Chairperson and the Committee for the manner in which the process was conducted. He said that Members differed politically but they had followed due process and that was important, especially in the matters of Adv Jiba and Adv Mrwebi.
Adv Mohamed thanked, on behalf of the ANC, the Chairperson and the Committee and its support staff.
The meeting was adjourned.
- Media Statement: Justice and Correctional Services Resolves that Jiba and Mrwebi Should not be Restored to Office
- Media Statement: Committee on Justice and Correctional Services Nominates New Deputy Public Protector
- Committee Report on nomination of a suitable person for appointment as Deputy Public Protector
- Committee Report on Removal of Adv Jiba and Adv Mrwebi from office
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