In a majority judgment, the SCA upheld their appeal against a 2016 ruling by the Pretoria High Court with costs.

With regard to Jiba, the deputy national director of public prosecutions, the appeal court found that the General Council of the Bar had failed to establish misconduct on her part with regard to the handling of the Richard Mdluli matter.

The GCB's complaint against Mrwebi, the special director of public prosecutions, also related to the Mdluli matter, and particularly that he had misrepresented the extent of his consultation with the NPA's Advocate Sibongile Mzinyathi before taking a decision to withdraw fraud and corruption charges against the former head of the police's crime intelligence unit.

The appeal court found that the GCB did establish misconduct on the part of Mrwebi, but that the sanction of scrapping him off the role was not justified because his conduct did not bring him personal gain.

"The majority judgment further held that the High Court materially misdirected itself in striking Mrwebi from the roll, it failed to consider why suspension was not an appropriate sanction. The majority judgment held that the appropriate sanction is for Mrwebi to be suspended as an advocate for a period of 6 months from the date of 15 September 2016."

A dissenting judgment by Judge Christiaan Van der Merwe held that the appeals of Jiba and Mrwebi should fail and the cross appeal of the GCB should succeed.

African News Agency (ANA)