SPECIAL REPORT | GAUTENG HIGH COURT, JOHANNESBURG
Disbarred advocate Malesela Teffo caused a dramatic scene at the Gauteng High Court in Johannesburg on Monday, 30 August, when he arrived in full legal robes and attempted to bring an application through his foundation on behalf of businessman Vusimuzi “Cat” Matlala and his four co-accused.
But Teffo was not appearing as the accused persons' legal representative.
All five accused already have lawyers representing them, and their respective legal teams rejected Teffo's intervention, reportedly telling the court that his involvement was unnecessary and was wasting the court's time and money.
Judge Cassim Moosa subsequently ordered Teffo to leave the courtroom until he could provide proof that he had been readmitted to the roll of advocates.
The dramatic courtroom appearance comes after the Legal Practice Council (LPC) confirmed that Teffo has never been readmitted to the legal profession.
So why can't Teffo practise law?
Teffo's recent acquittal on six criminal charges does not automatically restore his right to practise as an advocate.
The distinction is important.
In September 2022, Teffo was struck from the roll of legal practitioners by an order of the Gauteng High Court.
A Magistrates' Court dealing with criminal charges does not have the power to overturn that High Court order.
His criminal acquittal therefore dealt with whether he was guilty of those particular criminal charges, not whether he remains professionally entitled to practise law.
The High Court's decision to strike Teffo from the roll followed professional-misconduct proceedings involving 22 allegations brought by the LPC.
Those allegations included claims relating to misappropriation of client funds, intimidating conduct, taking instructions directly from clients without a brief and contempt of court.
Importantly, these are the professional-misconduct findings that resulted in his removal from the roll and are separate from the criminal charges on which he was later acquitted.
There is no automatic return to the profession
A criminal acquittal does not automatically reinstate a disbarred advocate.
If Teffo wants to practise again, he would need to follow the formal readmission process under the Legal Practice Act and satisfy the High Court that he is a fit and proper person to return to the profession.
The LPC has indicated that it would oppose any attempt by Teffo to be readmitted.
This makes Monday's courtroom appearance particularly significant.
Teffo arrived dressed as an advocate and attempted to intervene in one of South Africa's most closely watched criminal matters, but the accused and their existing lawyers did not accept his involvement.
The court then made its position clear: before Teffo can participate as a practising advocate, he must first establish that he has actually been readmitted to the roll.
For now, according to the LPC, he has not been.
The episode raises a striking question:
If a lawyer has been struck from the roll and has never been readmitted, what was the legal basis for attempting to bring an application on behalf of accused people who already had lawyers?
That question may become even more important if Teffo attempts to intervene in the matter again.
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