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Jiba v President of The Republic of South Africa and Others (13745/2019) [2019] ZAWCHC 136

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Jiba v President of The Republic of South Africa and Others (13745/2019) [2019] ZAWCHC 136

23rd October 2019

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[1]      These proceedings are concerned with the removal of one of the Deputy National Director of Public Prosecutions (“DNDPP”) of South Africa and in particular, the removal of the Applicant as the DNDPP by the President of the Republic of South Africa (“the President”). The process which led to the removal of the Applicant as DNDPP started on 1 August 2018 when the President, informed the Applicant by means of a notice[1] of intention to suspend and the institution of the enquiry in terms of section 12(6) of the National Prosecuting Authority Act 32 of 1998 (NPA Act) of his intention to do so.

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In these proceedings before this Court, the Applicant was represented by Adv M Sikhakhane SC and Adv T Masuku SC.  The First Respondent was represented by Adv H Barnes, Adv T Babuda and Adv S Kazee.  The Second Respondent was represented by Adv K Pillay SC. The Third Respondent was represented by Adv L Montsho SC and Adv K Saller and Adv M Ngunela. The Fourth Respondent was represented by Adv S P Rosenberg SC, Adv N Mayosi and Adv J Bleazard.  No appearance was made for the other respondents because no relief was sought in these proceedings.

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