By Russel Molefe.
File Photo: Julius Malema, left, and his then lawyer Tumi Mokwena during his court appearance at the Polokwane Magistrate’s Court on June 20, 2013, in Polokwane, South Africa. Malema faced charges of fraud, corruption, money-laundering, and racketeering. Picture: Gallo Images.
Limpopo lawyer Tumi Mokwena has been suspended from practicing as an attorney following an application by the Legal Practice Council (LPC) in the Polokwane High Court.
On Friday, Judge Gerrit Muller, sitting with Acting Judge Karen Pillay, said in his order: “Under the circumstances, we are satisfied that the respondent [Mokwena] should be suspended from practicing as an attorney…”
The suspension will last until an application to have Mokwena struck off the attorney’s roll is finalised.
Muller noted Mokwena – to date – had not complied with a 2018 court order for the LPC to inspect all his law firm records, that he practiced for some years without a fidelity fund certificate and his auditors’ reports for several years were outstanding.
Mokwena, who represented himself in court, sought a postponement on the basis that it was first brought on an urgent basis.
He argued for the urgency to be dismissed.
However, Muller indicated the case was first brought on 28 November 2021 and postponed sine die (without a court date being set). It was then brought again on 4 February 2021 and it was agreed there will be arrangements between the parties.
The case was set down again for 25 February 2022, but postponed to Thursday.
“Urgency disappeared along the way. It lapsed in November. The matter is properly before us … there’s no question about urgency,” Muller said.
On the merits of the case, Mokwena said the LPC was trying to paint him as a lawyer who “goes around swindling people’s money”.
He was referring to instances pointed by the LPC in which he allegedly acted in violation of the laws and regulations that govern attorneys.
The LPC, among others, pointed to his alleged misuse of trust accounts and several complaints lodged by his clients.
This story has been published from a wire agency feed without modifications to the text.