Jiba and Another v General Council of the Bar of South Africa and Another; Mrwebi v General Council of the Bar of South Africa (141/17; 180/17)
Jiba and Another v General Council of the Bar of South Africa and Another; Mrwebi v General Council of the Bar of South Africa (141/17; 180/17) [2018] ZASCA 103; [2018] 3 All SA 622 (SCA); 2019 (1) SA 130 (SCA); 2019 (1) SACR 154 (SCA) (10 July 2018)
The majority held that the GCB failed to establish, on a preponderance of probabilities, that Jiba was not a fit and proper person to remain on the roll of advocates. Her conduct, while possibly incompetent in her official capacity, did not amount to dishonesty or personal gain, and she acted on legal advice. The complaints against her did not meet the threshold for striking off. As regards Mrwebi, the majority found that his misunderstanding and mishandling of the consultation requirement under the NPA Act constituted misconduct, but not dishonesty or personal gain. The appropriate sanction…
Source excerpt
- Fit And Proper Person
- Striking Off Roll
- Advocate Misconduct
- Admission Of Advocates Act
- National Prosecuting Authority Act
- Costs In Professional Discipline