THE High Court in Bloemfontein has ordered former attorney Lebohang Michael Mokhele to furnish security for costs amounting to R300 000 to the South African Legal Practice Council (LPC) before proceeding with his appeal against his removal from the roll of attorneys.
The matter, presided over by Judge Naidoo, stems from a judgment delivered on 8 January 2024, wherein Mokhele was struck off the roll following disciplinary proceedings initiated by the LPC.
Mokhele subsequently applied for leave to appeal the decision, which was met with opposition from the LPC, prompting the regulatory body to seek security for costs in light of Mokhele’s outstanding legal debts and financial position.
The court found that Mokhele had a history of engaging in prolonged and contentious litigation, often making serious allegations against the LPC, including claims of fraud and impropriety.
The LPC argued that his appeal was frivolous, vexatious and an abuse of the court process intended to delay final resolution.
Additionally, the court noted that Mokhele had already accrued legal costs totalling R577 942.23, of which he had only managed to pay R50 000.
Attempts by the sheriff to execute a writ of execution on his assets revealed that he lacked sufficient movable or immovable property to settle his debts.
Judge Naidoo granted the LPC’s application and issued the following orders:
- Mokhele must furnish security for costs in the amount of R300 000.
- The application for leave to appeal will be stayed until compliance with the order.
- If Mokhele fails to provide security within 30 days, the LPC may apply for the dismissal of the appeal.
- Mokhele is liable for the costs of the application, including attorney and client fees.
Mokhele now faces a tight deadline to secure the required funds or risk his appeal being dismissed. – Staff Reporter