FREEDOM UNDER LAW 

15 September 2016

Freedom Under Law welcomes this morning’s judgment in the High Court in Pretoria finding Advocates Jiba and Mrwebi dishonest and striking their names from the roll of advocates (see here – PDF). This judgment demonstrates the courts’ determined opposition to corruption in high places and vindicates FUL’s decision some years ago to challenge the unlawful and ostensibly corrupt refusal to prosecute General Richard Mdluli. Our allegations have been upheld and the false attempts at refutation found to be untruthful.  

Some time ago the Democratic Alliance applied to the Western Cape High Court for an order that the President suspend Advocate Jiba; his response was that this was premature since he was awaiting judgment in the present case. Now, especially in light of today’s clear and damning findings — and notwithstanding possible applications for leave to appeal and similar delaying tactics — we trust these two will be suspended forthwith and that the President will act swiftly. 

At the same time we appeal to the National Director of Public Prosecutions to seize the opportunity to put an end to the actions that have tarnished the image of the institution he heads and done untold harm to the Rule of Law.

FUL would, for instance, welcome the genuine continuation of the Mdluli prosecution on the outstanding corruption-related charges and the immediate and unconditional withdrawal of the spurious charges against Advocate Glynnis Breytenbach and her attorney, as also the threatened action against Minister Pravin Gordhan. The country expects no less of Advocate Abrahams.

Statement issued by Justice Johann Kriegler of Freedom Under Law, 15 September 2016