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The Legal Practice Council is asking the Pretoria High Court to strike the name of former public protector turned politician Busisiwe Mkhwebane off the roll of advocates.
The council wants Mkhwebane to be suspended from practising as an advocate or legal practitioner. It wants her to surrender and deliver her certificate of enrolment as an advocate of the court to the court’s registrar.
According to the founding affidavit by Ignatius Wilhelm Briel, director of the Gauteng provincial council of the South African Legal Practice Council, the LPC contends that Mkhwebane failed to uphold the highest standards of honesty, integrity and independence in her capacity as an advocate.
“The respondent’s conduct reveals character defects which cannot be tolerated in a practitioner or officer of the honourable court and does not meet the standard of behaviour and conduct and reputation which is required of an advocate and an officer of the honourable court.
“By virtue of her conduct and behaviour the respondent has damaged and affected the good standing and reputation of the legal profession as a whole. Consequently, she cannot be allowed to continue practising as an advocate.”
The council accused Mkhwebane of engaging in conduct that could bring the legal profession into disrepute, including failing to respond to official correspondence and making statements known to be false or misleading.
Its affidavit cites multiple instances of misconduct, including breaches of rules requiring legal practitioners to act with fairness, integrity and impartiality.
According to the council, the allegations of misconduct against Mkhwebane which prompted the council to initiate disciplinary proceedings against her stem from allegations that are already in the public domain.
Mkhwebane was appointed as public protector on October 15 2016. On March 16 2021, the National Assembly resolved to conduct an enquiry into whether she was fit to hold the office of public protector in terms of section 194 of the constitution. It then appointed a section 194 committee to conduct the enquiry.
On August 22 2023, the committee published its findings, including numerous findings of misconduct and incompetence on the part of Mkhwebane.
The LPC said these findings formed the basis of the charges of misconduct levelled against Mkhwebane in its application. The council said allegations of misconduct were referred to an investigating committee of the council.
Mkhwebane was admitted as an advocate of the high court on June 24 1997.
She is on the council’s roll of non-practising advocates, as contemplated in the Legal Practice Act.
Speaking to Newzroom Afrika, Mkhwebane expressed her surprise and disappointment at the council’s move.
“I am very much surprised and disappointed in the LPC because it is not their first time doing that. They tried to do that last year and I never received papers. I just saw that on Twitter.”
Mkhwebane said the LPC had sent her papers via an old telephone number she was using. Mkhwebane believes the move to have her removed was politically motivated.
“The grounds they are using are politically motivated because I have been taken through the process — which process was not fair because it was finalised when I was not there, when my legal representative was not present.”
She was referring to the section 194 committee.
“They are saying the issue of incompetence, dishonesty and of which at the end of the day it’s like I have been punished over and over again. That ground which they are using won’t hold water because I am not a practising advocate. I never served on any bar.”
Mkhwebane said although she was admitted as advocate, she worked in the public administration.
TimesLIVE
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