Judge orders disbarred advocate be stopped from gatecrashing courts

Gauteng Judge President Dunstan Mlambo has issued a stern directive to court managers and security officials to stop former advocate Senzo Wiseman Mkhize from entering court buildings.

Mkhize was struck from the roll of advocates after several complaints that he did not conduct himself appropriately as a referral advocate, following complaints lodged by clients he had accepted money from them but failed to deliver services

Barred

Mlambo issued a directive on Monday barring Mkhize from court buildings.

“It has been brought to my attention that Mr Senzo Wiseman Mkhize continues to come into the court buildings and demand a right of appearance before a number of judges, allegedly on the instruction of ‘clients’.”

“Mr Mkhize was struck off the roll of practising legal practitioners and all his attempts at appealing that order have failed.

“I, as head of court, direct that Mr Mkhize forthwith not be allowed access to court buildings as he has no legitimate business therein,” Mlambo said.

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Leave to appeal

Wiseman sought leave to appeal against the order striking him from the roll in January 2023 in a matter against the Legal Practice Council.

However, Gauteng High Court Judge AJ De Vos, with Judge J Mbongwe concurring, said the court was not persuaded that Mkhize’s application raised a “compelling reason to entertain the appeal”.

“The court rejected the defence as fanciful.  The court went further and held that even if it was to be accepted, it did not amount to a defence, as counsel cannot abdicate to their employees conduct which breaches counsel’s rules of ethics.”

Judgment

De Vos said there was no prospect that another court would come to a different conclusion in the appeal application.

“Mr Mkhize’s application for leave to appeal contains the allegation that a ‘group of old women’ set out together with the LPC to taint his reputation and destroy his career in a ‘pre-determined and planned’ manner.

“Again, the unsubstantiated allegation shows a lack of any accountability and prefers to locate all wrongdoing on his clients and the LPC. There is no basis on which another court would come to a different conclusion.

“We note with regret that after finding that Mr Mkhize’s attacks on the LPC were inappropriate, he again, under oath accused – without any factual basis – that the LPC was guilty of perjury,” De Vos ruled.

The application for leave to appeal was dismissed with costs.

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