Mokhele v South African Legal Practice Council (2433/2023) [2025] ZAFSHC 1 (8 January 2025)

Mokhele v South African Legal Practice Council (2433/2023) [2025] ZAFSHC 1 (8 January 2025)

The court found that the applicant, despite being an incola, had engaged in conduct that rendered the application for leave to appeal unsustainable and an abuse of process. The applicant failed to refute the respondent's evidence of his inability to satisfy existing costs orders, and the sheriff's returns indicated a lack of assets to satisfy the debt. The court held that the respondent, acting in the public interest, would suffer substantial prejudice if required to defend further proceedings without security, given the applicant's history and financial position. The court exercised its discretion to grant an order for security for costs, staying the application for leave to appeal until...

Citation
[2025] ZAFSHC 1
Parties
Applicant: Lebohang Michael Mokhele; Respondent: South African Legal Practice Council
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
8 January 2025
Case Number
2433/2023
Procedural Posture
Stay Application / Interlocutory Application for Security for Costs Pending Leave to Appeal
Outcome
Application for security for costs granted; application for leave to appeal stayed pending compliance.
Judges
Naidoo
Legal Topics
Security for Costs, Leave to Appeal, Striking Off Attorney, Uniform Rule 47
Civil Procedure Commercial and Corporate Security for Costs Leave to Appeal Striking Off Attorney Uniform Rule 47

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 11 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Lebohang Michael Mokhele

Applicant

South African Legal Practice Council

Respondent

Procedural Posture

Stay Application / Interlocutory Application for Security for Costs Pending Leave to Appeal

Legal Issues

  1. 1 Whether the respondent is entitled to an order for security for costs against the applicant in the application for leave to appeal.
  2. 2 Whether the application for leave to appeal is vexatious, frivolous, or an abuse of process.
  3. 3 Whether the applicant's status as an incola precludes an order for security for costs.

Ratio Decidendi

The court found that the applicant, despite being an incola, had engaged in conduct that rendered the application for leave to appeal unsustainable and an abuse of process. The applicant failed to refute the respondent's evidence of his inability to satisfy existing costs orders, and the sheriff's returns indicated a lack of assets to satisfy the debt. The court held that the respondent, acting in the public interest, would suffer substantial prejudice if required to defend further proceedings without security, given the applicant's history and financial position. The court exercised its discretion to grant an order for security for costs, staying the application for leave to appeal until...

Court Disposition

Application for security for costs granted; application for leave to appeal stayed pending compliance.

Orders

  • The applicant, Lebohang Michael Mokhele, is ordered to furnish security to the respondent, the South African Legal Practice Council, in the sum of R300,000.00.
  • The application for leave to appeal is stayed until this order is complied with.