Five Convictions Overturned After Lawyer Found Practicing Illegally for 10 Years

In a legal shocker, the North West High Court in Mafikeng has set aside the convictions of five individuals after discovering that their lawyer had been practicing illegally for more than a decade.

The affected individuals—Goitseone Serache, Nkakane Tshile, Jeffrey Rabi, Yvonne Monname, and Kgomotso Jwere—were convicted in August 2024 on charges of robbery and malicious damage to property. Their sentences were handed down on January 31, 2025.

However, during a review application in March 2025, Acting Judge Titus ruled that the legal representation provided by attorney Sekgopamang Moses Koloane was invalid. The reason? Koloane had not held a valid Fidelity Fund Certificate (FFC) since April 2014—over 10 years ago.

An FFC is a mandatory legal requirement for practicing lawyers in South Africa, ensuring client protection and legal accountability. Without this certificate, a lawyer is not authorized to appear in court or handle client funds. The certificate is renewed annually at a nominal fee of R345.

The Legal Practice Council (LPC) confirmed Koloane’s non-compliance, prompting the court to declare the original proceedings unconstitutional. Judge Titus emphasized the severity of the violation, stating:

“The Constitution entrenches everyone’s right to a fair trial. It must then follow that the proceedings were not by justice and should be set aside.”

The ruling underlined that an accused person’s right to legal representation is not just procedural but fundamental. Legal counsel without a valid FFC is not only unauthorized but renders the entire legal process compromised.

With the convictions nullified, the high court also ordered that the judgment be sent to the Legal Practice Council for further investigation into Koloane’s conduct and for possible disciplinary action.

Moreover, the court left room for retrial, stating that if the Director of Public Prosecutions chooses to re-charge the accused, any new proceedings would begin afresh before a different magistrate.

This unprecedented case highlights a troubling loophole in legal oversight and raises critical questions about how many other cases may have been similarly compromised.

{Source: IOL}

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