Legal Practice Council v Mkhize (13881/2021; 13204/2022) [2023] ZAGPPHC 1144; 2024 (1) SA 189 (GP) (8 September 2023)

Legal Practice Council v Mkhize (13881/2021; 13204/2022) [2023] ZAGPPHC 1144; 2024 (1) SA 189 (GP) (8 September 2023)

The Court found, on a preponderance of probabilities, that Mr Mkhize repeatedly accepted instructions and payments directly from members of the public without the involvement of an attorney, in clear contravention of section 34 of the Legal Practice Act. The evidence included receipts, letters of engagement, and...

Source-derived case information.

Citation
[2023] ZAGPPHC 1144
Parties
Applicant: Legal Practice Council; Respondent: Senzo Wiseman Mkhize
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
8 September 2023
Case Number
13881/2021; 13204/2022
Procedural Posture
Disciplinary Application / Final Judgment
Outcome
Mr Mkhize is removed from the roll of legal practitioners. His review and Rule 30 applications are dismissed with costs.
Judges
De Vos, MPN Mbongwe
Legal Topics
Legal Practitioners Misconduct, Referral Rule, Fit and Proper Test, Disciplinary Sanctions, Court Orders Noncompliance
Administrative Law Civil Procedure Legal Practitioners Misconduct Referral Rule Fit and Proper Test Disciplinary Sanctions Court Orders Noncompliance

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Parties

Legal Practice Council

Applicant

Senzo Wiseman Mkhize

Respondent

Procedural Posture

Disciplinary Application / Final Judgment

Legal Issues

  1. 1 Whether Mr Mkhize committed professional misconduct by accepting instructions and payments directly from the public without an attorney.
  2. 2 Whether Mr Mkhize is a fit and proper person to remain on the roll of legal practitioners.
  3. 3 Whether the Legal Practice Council's recommendation to refer the matter to court is reviewable.

Ratio Decidendi

The Court found, on a preponderance of probabilities, that Mr Mkhize repeatedly accepted instructions and payments directly from members of the public without the involvement of an attorney, in clear contravention of section 34 of the Legal Practice Act. The evidence included receipts, letters of engagement, and corroborating complaints. Mr Mkhize's defence that his administrators acted without his knowledge was rejected as fanciful and inconsistent, and he failed to exercise necessary oversight over his practice. The Court further found that Mr Mkhize persistently failed to comply with court orders, delayed proceedings through dilatory tactics, and made false representations in open...

Court Disposition

Mr Mkhize is removed from the roll of legal practitioners. His review and Rule 30 applications are dismissed with costs.

Orders

  • Advocate Senzo Wiseman Mkhize is removed from the roll of legal practitioners.
  • The respondent must immediately hand deliver his certificate of enrolment to the Registrar of the Court.