Mavudzi and Another v Majola (49039/2021) [2022] ZAGPJHC 798 (30 September 2022)

Mavudzi and Another v Majola (49039/2021) [2022] ZAGPJHC 798 (30 September 2022)

The court found that the applicants failed to demonstrate any reasonable prospects that a Court of Appeal would overturn the original decision refusing to strike Advocate Majola off the Roll of legal practitioners. The allegations of misconduct had not been investigated, and the threshold for striking off was not met. The argument regarding costs was rejected, as the alleged misconduct occurred in Majola's official capacity, justifying the State Attorney's involvement and the costs order against the applicants.

Citation
[2022] ZAGPJHC 798
Parties
Applicant: Maxwell Mavudzi; Applicant: Jeremiah Nyasha Musiwacho Dube; Respondent: Skhumbuzo Majola; Respondent: Legal Practice Council; Respondent: National Prosecuting Authority
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
30 September 2022
Case Number
49039/2021
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Refusal to Strike Off Respondent From the Roll of Legal Practitioners.
Outcome
Application for leave to appeal dismissed with costs.
Judges
Sutherland, Molahlehi
Legal Topics
Leave to Appeal, Strike Off Application, Misconduct in Official Capacity, Costs Award
Civil Procedure Administrative Law Leave to Appeal Strike Off Application Misconduct in Official Capacity Costs Award

Case Brief

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Parties

Maxwell Mavudzi

Applicant

Jeremiah Nyasha Musiwacho Dube

Applicant

Skhumbuzo Majola

Respondent

Legal Practice Council

Respondent

National Prosecuting Authority

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Refusal to Strike Off Respondent From the Roll of Legal Practitioners.

Legal Issues

  1. 1 Whether there are reasonable prospects that a Court of Appeal would overturn the refusal to strike Advocate Majola off the Roll of legal practitioners.
  2. 2 Whether the costs order against the applicants was appropriate given the circumstances.

Ratio Decidendi

The court found that the applicants failed to demonstrate any reasonable prospects that a Court of Appeal would overturn the original decision refusing to strike Advocate Majola off the Roll of legal practitioners. The allegations of misconduct had not been investigated, and the threshold for striking off was not met. The argument regarding costs was rejected, as the alleged misconduct occurred in Majola's official capacity, justifying the State Attorney's involvement and the costs order against the applicants.

Court Disposition

Application for leave to appeal dismissed with costs.

Orders

  • The application for leave to appeal is dismissed.
  • The first and second applicants shall bear the costs of this application.