The Legal Practice Council (LPC) has raised concerns that several legal representatives are facing possible disbarment for alleged misconduct including but not limited to misuse of client’s funds.
According to a statement released by the council, 15 legal practitioners might be disbarred if found guilty of misconduct this year.
Amongst them are prominent legal practitioners including the country’s first impeached Judge (former Western Cape Judge President), Dr. John Hlophe, Advocate Barnabas Xulu and the country’s first impeached Public Protector Advocate Busisiwe Mkhwebane.
Speaking on You FM Newshour, LPC spokesperson Kabelo Lebetele said that the council dealt with over 1 000 complaints per month in the last two years and has exceeded 14 000 complaints each year.
“Over 90% of the complaints are finalised each year and serious cases of misconduct have resulted in suspensions or striking off the roll over 150 legal practitioners in 2024 alone.
Last year alone we struck off or suspended 150 lawyers, now we need to remember there’s a process that includes investigation, application to court to grant their suspension.
In many of those instances, lawyers challenge the LPC decision, and we’re certainly worried about the number,” said Letebele.
According to Letebele, some of the complaints are frivolous as some of the clients are complaining about the outcome of their cases that doesn’t necessarily speak to incompetence and inability of a legal representative to represent them before court.
“We do get a lot of situations where a client is not happy with the outcome, but the lawyer has served them the way they should.
Matters that are of great concern to us is that it is where legal practitioners fail to account to their clients where they take on matters and fail to appear in court on a set court date.
Another example is that of Road Accident Fund (RAF) pay-outs that in most instances are found to have been paid into the lawyers account but not paid to the rightful owners,” remarked Letebele.
Meanwhile, in relation to Mkhwebane, the LPC said that she ignored an invitation to make representations as to why she shouldn’t be disbarred.
“Unfortunately, with the former PP, she was indeed invited to make representation into the LPC as the regulatory authority of the legal profession, she didn’t take up that opportunity.
Now if you don’t take up the opportunity to defend yourself against our internal processes the matter does proceed.
In this case the independent investigations committee then gathered all the evidence, made their recommendation to the national council of 23 members and then presented their case as to why they believe the former PP might have brought the legal profession into disrepute,” explained Letebele.
He highlighted that the matter is at the final stage, where it’ll be presented before court and Mkhwebane will be invited again to defend herself.
