Teffo in fight to stop Legal Practice Council from having him disbarred | News24

  • The Legal Practice Council had introduced an utility to have advocate Malesela Teffo both suspended or struck from the roll.
  • On Friday, Teffo spent most of his time asking for a postponement to organize his defence.
  • He claimed he was by no means given any court docket papers, however the court docket identified this was unfaithful, given the correspondence in its possession. 

Advocate Malesela Teffo, who the Legal Practice Council (LPC) utilized to have him disbarred, spent most of his time in court docket on Friday arguing for a postponement to no avail as an alternative of specializing in the damning allegations towards him.

The Gauteng High Court in Pretoria heard an utility by the LPC on Thursday to have Teffo both suspended or struck from the roll of advocates.

The LPC detailed virtually two dozen allegations towards him, together with disrespectful and contemptuous behaviour in court docket, deceptive the court docket, assault, and the misappropriation of monies from purchasers.

The case was rolled over to Friday for Teffo to make his submissions as to why he shouldn’t be struck from the roll and presumably to current proof to that impact.

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However, as an alternative of specializing in each allegation, he spent a lot of his time claiming his constitutional rights had been violated and he must be afforded time to answer the allegation.

“I’m not going to deal with the utterances by the so-called applicant,” Teffo stated. He submitted the same argument on Thursday which was dismissed.

Teffo spent the primary a part of his argument referring to the Constitution, saying his rights had been violated by the LPC and the court docket listening to the case. He particularly honed in on Section 35 of the Constitution which focuses on the rights of an arrested, detained or accused individual.

He learn out Section 35(3) which states each accused individual had the fitting to a good trial, which incorporates the fitting to be told of the cost with adequate element to reply it and to have sufficient time and services to organize a defence.

Halting his line of argument, Teffo then informed the court docket a lot of the complaints earlier than him have been ventilated in different boards.

However, he didn’t present any info or proof to this impact. Before Teffo might return to the constitutional arguments, advocate Mfesane Ka-Siboto, for the LPC, objected to Teffo basing his arguments on Section 35.

Ka-Siboto argued these had been civil proceedings and Section 35 particularly referred to an accused individual. The court docket dominated Teffo might proceed together with his arguments but in addition associated he was not an accused individual, however a respondent.

Teffo then got here to crux of his argument that he was allegedly not given a possibility to answer the complaints towards and he was not given any of the court docket papers.

However, Acting Judge Thembi Bokako stopped Teffo in his tracks, informing him the court docket was in possession of the paperwork which included correspondence the LPC had despatched the bundle of paperwork to him. The court docket on Thursday had additionally discovered Teffo was provided with the paperwork regardless of his denial.

“I vehemently deny that,” Teffo responded, sustaining he had not obtained any of the paperwork and subsequently wanted a postponement and an order that he be given the paperwork and be allowed to organize his defence.

“I’ll request the applicant to provide me with that bundle that he was reading from so that I can go and prepare myself.”

Despite Teffo’s assertion, the court docket had additionally beforehand heard he had submitted an answering affidavit after receiving the discover of movement and founding papers greater than a 12 months in the past.

Teffo once more submitted he must be given the court docket papers and be allowed to organize earlier than returning to court docket to make arguments. He then briefly touched on one or two of the complaints, and spoke about racism inside the police that seemingly had no bearing on the case earlier than the court docket.

Malesela Teffo.

Before concluding, Teffo claimed the applying was orchestrated by the police, National Prosecuting Authority and courts. 

He, nonetheless, provided no proof to this impact.

Judge Justice Nyathi then reserved judgment, saying the case could be handled expeditiously.

Teffo interrupted the court docket, asking his request for the documentation and postponement was denied. Bokako, nonetheless, informed Teffo the data was supplied to him and he knew that for truth.

She added Teffo had ample time to organize for the applying because the movement of discover had been filed greater than a 12 months in the past and this points canvassed go way back to 2019.

As Teffo tried to reply, Nyathi adjourned the case.

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