Morgan v Minister of Justice and Constitutional Development and Others (055106/2024) [2025] ZAGPPHC 1202 (11 November 2025)

56 Reportability
Constitutional Law

Brief Summary

Constitutional Law — Right to legal representation — Applicant challenged the constitutionality of provisions limiting the right to legal representation in disciplinary proceedings — The applicant, a legal practitioner, argued that the restrictions imposed by the Legal Practice Council infringed upon his rights to a fair hearing and legal representation — The court held that the provisions in question were unconstitutional as they unjustifiably limited the applicant's right to legal representation, thus violating the principles of fairness and justice in legal proceedings.

HIGH COURT OF SOUTH AFRICA
(GAUTENG DIVISION, PRETORIA)
CASE NO: 055106/2024
In the m atter between:
(I) REPORTABLE: Y ES
(2) OF l"ITEREST TO O T H E R JU DGES : Y ES
(3) RE V ISED .
D A T E:.~/. ~ O VE MB E R "" ..... -.
S IC N AT U RE
LETHUKHUTHULA MARK MORGAN App licant
and
MINISTER OF JUSTICE AND
CONSTITUTIONAL DEVELOPMENT First Re spondent
LEGAL PRACTICE COUNCIL OF SO U TH AFRICA Second R espondent
GENERAL COUNCIL OF THE BAR T hjrd Respondent
PRETORIA SO C IETY OF ADVOCATES F irst Am icus C uriae
FEARLESS AZANIAN LA WYERS ASSOCIATIO N Second Am jcus C uriae