Adv Ledwaba’s third attempt at JSC interview clouded by duplicate invoice complaint

The Judicial Service Commission (JSC) interviewed two candidates for a vacancy in the Limpopo Division of the High Court, Thohoyandou, and the interview did not go exactly as planned for Advocate Lesibana Ledwaba.

Ledwaba was the first to take the hot seat for his third attempt at the position.

The advocate had to respond to a complaint against him regarding the duplication of invoices.

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The same issue had been raised during his interview for the same position in October last year.

‘Duplicated invoices’

“The issue I took with you last time is that you were accused of duplicating invoices, when I look at the settlement you have attached, it has nothing to do with duplicating invoices,” said Commissioner Thembeka Ngcukaitobi.

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“When I submitted an account, there were issues we discussed with them [the complainant]. I then submitted another one [invoice]. When the complaint came, we said we differ about the figures. We later settled the figures. I went in June and the Legal Practice Council (LPC) gave me a letter of good standing. That gave me comfort that there is no complaint against me,” responded Ledwaba.

However, Ngcukaitobi was not satisfied with the response, as he continued asking for a letter from the LPC confirming that the complaint had indeed been resolved.

“If you’re an advocate and there’s a complaint of duplicating invoices against you, it doesn’t matter that the complainant wishes to withdraw it. I don’t even see any withdrawal by the complainant of that, because it is still up to the LPC as the custodian of good morals, to continue with a charge against you,” charged Ngcukaitobi.

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“There is nothing here that shows they have decided not to continue with the charge. There is no response from the complainant that the duplication of invoices has been withdrawn. You have attached a settlement agreement which seems to be about the fees that you will charge in the future. This, for me, looks like there is something wrong here that you are doing.”

‘I can’t take it any further’

Ledwaba expressed confusion over why Ngcukaitobi was not satisfied with the LPC’s letter affirming his good standing. He eventually told the commission he could not explain further.

“If you are not happy with the letter of good standing that was given to me in June, after this letter [showing the intention to withdraw a complaint against him], I don’t think I can take it any further. I was comforted with that letter of good standing. This is why I asked for it in June. If the letter says to me in June that there is nothing outstanding against me, then I can’t take it further,” said Ledwaba.

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However, commissioner Mvuzo Notyesi pointed out that a letter of good standing does not necessarily mean there is no complaint against a legal practitioner.

“All it means is that you have paid the dues and are allowed to practise. It doesn’t relate to complaints,” said Notyesi.

“If the commission is not happy with the letter from the complainant saying she has withdrawn the complaint against me, then I can’t take it any further. I took that as being the conclusion,” insisted Ledwaba.

“We have an undertaking that it will be withdrawn, but no confirmation that it has been withdrawn,” responded Ngcukaitobi.

Ledwaba on LPC letters

Ngcukaitobi further asked Ledwaba why he did not have supporting letters from both the Limpopo and Gauteng divisions of the LPC.

“You are a member of both Limpopo and Gauteng, why don’t you have a letter of support from the Limpopo Legal Practice Council?” asked Ngcukaitobi.

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“I didn’t ask for it, but I also don’t know why they didn’t provide it. They are aware that I am a member here. I don’t know why they didn’t support, I didn’t ask,” said advocate Ledwaba.

“I didn’t approach both of them. When I moved to Limpopo, I didn’t deregister myself from Gauteng and when I asked for this letter, I went to Polokwane, they said I was still registered in Gauteng. So, I went to Gauteng and got the letter. I’m a member of Polokwane but I’m still registered in Gauteng.”