Teffo to spend another 3 weeks behind bars after failing to have magistrate recuse herself.

By Lehlohonolo Lehana.

Controversial Advocate Malesela Teffo appeared at the Pretoria Magistrates Court on Wednesday, after He was arrested on charges of fraud, theft, assault and malicious damage to property. 

Teffo was arrested on 1 August and has been in custody since then. 

On Wednesday, Teffo again refused to leave the holding cells when his matter was called after lunch.

After several attempts by officials, he finally agreed to enter the dock. 

Teffo’s lawyer, Eddie Maloba, told the court his client had not been legally charged arguing this made his appearance unlawful.

“Today your worship, while my client was still in the court cells, he was approached by two police detectives who came to him and made it clear to him that they were sent by the commander to come and charge him. 

“It’s my instruction that this brought the matter to a head. This confirms the bone of contention that my client has not been charged.”

But State Prosecutor Maggie Sikati countered this, telling the court that this was raised and dealt with in previous proceedings where it was found that all essential information had been gathered – barring the fingerprints, which Teffo had reportedly refused to provide. 

“Before court today we led a consultation with the accused’s attorney Maloba, and he indicated that the accused didn’t have any problems giving his fingerprints as per the court order. That’s when the commander was informed to send two police officers. 

“We then got information that the accused still refused for his fingerprints to be obtained.”

Through his lawyer, Teffo told the court he wished to “clarify” himself on why he alleged he was not legally charged. Magistrate Lidia Painter however said she could not make an order on a matter that had already been decided by another presiding officer at earlier proceedings. 

Teffo then called for Painter’s recusal, citing bias.

“I’m not recusing myself. There’s no bias on my side. The fact that I’ve found in favour of the state, regarding their argument, doesn’t mean I am biased,” the magistrate said. 

Teffo’s arrest, over two separate matters, relates to his alleged unlawful entry into a building where he had been renting office space, where he forced access into the office after allegedly assaulting the security guard. 

In the second case, Teffo’s accused of defrauding two complainants who had approached him for legal assistance after he’d been disbarred. 

The court eventually postponed the matter to 6 September, in favour of the State, for further investigation.

Teffo is popularly known for antics in the Senzo Meyiwa murder trial, where he represented four of the accused before he withdrew.

Soon after, in September 2022, Teffo was struck from the role of advocates, following a Legal Practice Council application.

The court found that Teffo lacked a sense of responsibility, honesty, integrity and no longer met the threshold of a fit and proper advocate.

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