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2023
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[2023] ZAGPPHC 294
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Mukwevho v Legal Practice Council (Leave to Appeal) [2023] ZAGPPHC 294; 48650/2021 (10 May 2023)
IN THE HIGH COURT OF
SOUTH AFRICA
(GAUTENG
DIVISION, PRETORIA)
Case
Number: 48650/2021
(1)
REPORTABLE: NO
(2)
OF INTEREST TO OTHER JUDGES: NO
(3)
REVISED
DATE:
2023-05-10
SIGNATURE:
In
the matter between:
GIFT
MPHO MUKWEVHO
Applicant
and
LEGAL
PRACTICE COUNCIL
Respondent
JUDGMENT:
APPLICATION FOR LEAVE TO APPEAL
POTTERILL
J
[1]
Before us is an application for leave to appeal. We have taken
note of the grounds
of the notice of appeal. We also thank both
counsel for their heads of argument that we took into consideration.
[2]
We also today listened to the argument and on behalf of the applicant
we were referred
to the
Cassim
matter which was relied on as
support for their submissions, but I am satisfied on the facts before
us, that the material non-disclosure
only came about being disclosed
due to the pressure of the Legal Practice Council and therefore that
does display dishonesty.
[3]
I am therefore satisfied that no other court could reasonably come to
another conclusion
and therefore the application for leave to appeal
is dismissed with costs. The costs on an attorney and client
scale.
S.
POTTERILL
JUDGE
OF THE HIGH COURT
A.
CAJEE
ACTING
JUDGE OF THE HIGH COURT
CASE
NUMBER:
48650/2021
HEARD
ON:
16
March 2023
FOR
THE APPLICANT:
ADV.
R. BALOYI
INSTRUCTED
BY:
Mashambe
Attorneys Inc.
FOR
THE RESPONDENT:
ADV.
Z.E. MAHOMED
INSTRUCTED
BY:
Mothle
Jooma Sabdia Inc.
DATE
OF JUDGMENT:
16
March 2023
DATE
OF DISTRIBUTION TO PARTIES:
10
May 2023