Struck off advocate turns to ConCourt after being barred from entering court buildings

A former advocate barred from the court buildings of the Gauteng division by its judge president, Dunstan Mlambo, on Thursday urgently turned to the Constitutional Court, saying Mlambo was “circulating false information” about him in the media. 

On Monday Mlambo directed all security personnel at both of the Gauteng courts’ buildings to refuse entry to Senzo Wiseman Mkhize “as he has no legitimate business therein”.

Though he was struck off in September 2023, he “continues to come into the court buildings ... demanding a right of appearance before a number of judges, allegedly on the instruction of ‘clients’,” said Mlambo this week.

Mkhize has asked the apex court to urgently interdict Mlambo from his “continuous conduct” in preventing his entry into the courts and from circulating false information to the media or in the public domain without notifying him first.

He told the Sunday Times the striking off order was suspended because he had applied to the Constitutional Court to appeal it. “I was given a case number. The moment you file at the Constitutional Court, the order [of the high court] is suspended”. He said he had also applied for his readmission as an advocate. Mlambo’s directive meant that he could not get into court to pursue this case.

Mlambo said in his directive that Mkhize had exhausted his appeal options and attached an order from the apex court, dated May 2024, refusing Mkhize leave to appeal. But Mkhize said that was a different, earlier, application for leave to appeal — before he had gone to the Supreme Court of Appeal (SCA). The ConCourt had rejected him on the basis that he should have gone to the SCA first. He had since gone to the SCA [to no avail] and was back again at the ConCourt. 

Mkhize was struck off the roll after six complaints from members of the public were made to the Legal Practice Council (LPC), mostly by elderly people who said they had given him money but he did not complete his mandate.

One of the complaints was from Ntsiki Nkala: “I went to Adv Mkhize to help me. He wanted R5,000 to open a file ... after that he did nothing again. I just want my money back since he has done nothing up to now.” 

According to the judgment that ordered his striking off, his response was that Nkala was being vindictive. The money was “received by my secretary incorrectly” and without his involvement, he said, according to the judgment.

The judgment said he had also accused the LPC of perjury and had launched no less than eight separate applications trying to prevent the application for his striking off — including one to the Constitutional Court, which all failed.

“Mr Mkhize has misconducted himself, repeatedly and egregiously,” said the judgment.  

In his ConCourt application, he said the judgment was unfair and wrong in numerous respects. He maintained he was a “senior advocate” and met the necessary criteria for senior counsel status.

“At no stage can I be degraded after so many years of study in law and commitment to justice.” He had registered with the LPC in 2016 and should have been included for recommendation for senior counsel, he said. 

Mkhize has unsuccessfully applied for leave to appeal to the high court, to the Supreme Court of Appeal and the ConCourt. But he said that even though his appeal applications were rejected three times, he was confident of success this time because his application was based on evidence. The high court had treated him “very unfairly”, he said.