Embattled attorney Lebohang Michael Mokhele has been ordered to furnish security in the amount of R300,000 to the South African Legal Practice Council (LPC) as a condition for his application to appeal a previous judgment that saw him struck off the roll of attorneys.
The court’s decision came after the LPC successfully argued that Mokhele, who had been previously struck from the roll after disciplinary action related to client complaints, had shown a pattern of vexatious litigation that warranted the requirement for security for costs. The striking-off judgment had been a pivotal moment for Mokhele, prompting him to apply for leave to appeal, an application that the LPC described as frivolous and lacking substantial grounds. The Bloemfontein-based Mokhele also represented the beneficiaries of the Guptas-linked Estina Dairy farm.
Judge J Naidoo, who presided over the matter, noted the LPC's assertion that Mokhele had a history of unfounded allegations against the council, including accusations of fraud during the disciplinary proceedings. This backdrop of acrimony has characterised Mokhele’s approach through multiple applications to the court, with the LPC emerging victorious in numerous instances.
The court outlined that while it is unusual to demand security for costs from an incola (a local litigant), the circumstances surrounding this case merited an exception. The LPC successfully demonstrated that Mokhele’s previous conduct indicated an inability to recover costs if the appeal were unsuccessful. The council had previously incurred R577,942.23 in legal costs, a sum Mokhele had only partially settled with R50,000.
Additionally, the LPC highlighted that Mokhele had not provided any evidence to refute claims made against him, including his alleged financial inability to settle outstanding debts. The court found it plausible that, should Mokhele’s appeal be unsuccessful, the LPC would face substantial difficulty in recouping further costs related to the appeal process.
The order indicates a broad range of implications for Mokhele, not only financially but also professionally, as he navigates this complicated legal landscape that significantly limits his ability to practice law. The court has ordered that the appeal application is to be stayed until Mokhele complies with the security deposit, which must be furnished within thirty days.
The striking-off judgment dealt with serious allegations regarding Mokhele’s professional conduct, examining whether the public interest in regulating the legal profession outweighed his individual rights. In assessing the balance of interests, Judge Naidoo confirmed that while Mokhele's livelihood was at stake, the LPC acted within its mandate to protect the legal profession and the public.
"Public interest takes precedence in these matters, and a move to ensure secure costs protects not only the LPC but also the integrity of the legal profession as a whole,” Judge Naidoo stated in the judgment.
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