Kwazi Michael Mkhize has returned home for the festive season after the High Court KwaZulu-Natal Division in Pietermaritzburg overturned his conviction on charges of unlawful possession of a firearm and ammunition.
Mkhize's release stems from revelations about the suspension of his lawyer, Lizwi Joshua Kwela, which ultimately rendered the original trial invalid. Mkhize had been sentenced to 10 years in prison for possessing an unlicensed firearm, alongside a concurrent three-year sentence for possessing ammunition.
Having served nearly 18 months, he was granted a reevaluation of his case, which found significant procedural irregularities during his trial. The case came to light following a special review requested by the magistrate, who expressed concern over Kwela’s continued representation despite being suspended since July 2020 by the Legal Practice Council (LPC).
The LPC, responsible for regulating the conduct of legal practitioners in South Africa, noted that Kwela's suspension lacked sufficient justification for an extensive period exceeding four years. As part of the judicial review, the judges concluded that Kwela's actions constituted a severe breach of legal norms, thereby nullifying Mkhize's original trial. "Where there is an absence of good standing in the sense that the legal practitioner has been prevented by the LPC from continuing to ply his trade yet continues to do so, such conduct is so fundamentally irregular as to nullify the entire trial proceedings," stated the judges in their ruling.
The High Court's decision not only annulled Mkhize’s convictions and sentences but also mandated his immediate release while pending further decisions by the Director of Public Prosecutions regarding a potential retrial. However, the practicality of a retrial poses challenges, particularly concerning the availability of witnesses given that almost two years have elapsed since Mkhize's initial trial.
Moreover, the judgment compels both the LPC and the South African Police Services to investigate the conduct of Kwela for possibly misleading the court and Mkhize during a critical legal process. The implications of this case extend far beyond Mkhize alone; it questions the very foundation of trust in legal representation and the systems meant to uphold justice.
The Pietermaritzburg High Court has overturned the conviction of Kwazi Michael Mkhize. Picture: Facebook
