Reportable: NO
Circulate to Judges: NO
Circulate to Magistrates: NO
Circulate to Regional Magistrates: NO
IN THE HIGH COURT OF SOUTH AFRICA
NORTH WEST DIVISION MAHIKENG
In the Ex Parle Application of:
CALVIN JABULANI PADI
Heard: 13 March 2026
Delivered: 30 April 2026
CASE NO: 2735/2025
APPLICANT
Summary: Application for admission to practice as a legal practitioner
(Advocate) Legal Practice Council North West Province (LPC) unable to reach
a decision - deadlocked - not assisting the court. Function of the LPC to assist
court.
ORDER
Resultantly, the following order is made:
(i) This matter is postponed until Friday, 24th July 2026.
{ii) The Legal Officer - Professional Affairs of the North West Provincial
Office of the Legal Practice Council must file a comprehensive affidavit
within ten ( 10) days of the date of this order, indicating why a decision
could not be reached with regard to this application, and why a
comprehensive report to this effect was not previously filed with the
Office of the Registrar of this Court. Furthermore, it must explain why
this matter not escalated to the National Office of Legal Practice
Council LPC for intervention.
(iii) This order, together with a copy of this application, must be filed with
the Office of the National Director of the Legal Practice Council for his
input, comments and directives within twenty (20) days of the date of
this order. The National Director of the Legal Practice Council, or his
duly appointed representative, must file an affidavit explaining what
steps, if any, will be taken with regard to this application within thirty
(30) days of the date of this order.
(iv) A copy of this judgment and order must be sent to the Chairman of the
North West Bar Association and the Chairman of the General Council
of the Bar of South Africa.
JUDGMENT
HENDRICKS JP {MORGAN AJ concurring)
Introduction
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[1] The applicant approached this Court for an order admitting him as a legal
practitioner (advocate) in terms of section 24(2) read with section 115 of
the Legal Practice Act 28 of 2014 (LPA), as amended. Furthermore, the
applicant sought an order authorising the Legal Practice Council (LPC) to
enrol his name on the list of legal practitioners (advocates) in terms of
section 30 of the LPA, as amended. At the hearing of this application on
13 March 2026, judgment was reserved, although this was an unopposed
ex parte application.
[2] In the affidavit attached to the Notice of Motion, deposed to by the
applicant, the applicant avers that he has fully complied with all the
requirements of his admission as a legal practitioner (advocate) stipulated
in the LPA. However, he discloses that he has a criminal record
comprising two previous convictions for robbery, dated 21 February 1992,
and for rape, dated 09 September 2002. A copy of his SAPS criminal
record is attached to his application.
[3] The following explanation is proffered by the applicant with regard to his
aforementioned previous convictions.
"ROBBERY CASE
12. 1 I wish to bring it to the court's attention that the previous criminal
case or record is/was a politically motivated crime. This happened
during the scuffle of the /nkatha Freedom Party (IFP), which was
based in the different hostels in Soweto and the surrounding
locations, versus the African National Congress (ANG) with its allies.
The hostel dwellers lnkatha Freedom Party (IFP) would attack and
kill ordinary people who lived next to the hostels and/or those who
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were passing by the hostels. We were deployed and mandated to go
hijack a motor vehicle that is fast and powerful which is a BMW
make. It was said that this car is going to be used as a drive by
shooting vehicle pass the hostels. We were given a toy gun that
appeared real for the purpose of the robbery of the car.
We were unfortunately arrested, with that hijacked BMW 535 (i) on
our way back from Johannesburg town to Soweto we were then
convicted and sentenced to 6 years imprisonment, of which 3 years
imprisonment is suspended for five years on condition that the
accused is not convicted of the crime of robbery or attempted robbery
committed during period of suspension. We served our prison
sentence and the probation release, ultimately our entire sentence.
We joined rehabilitation entrepreneur program offered by NIGRO -
National Institute for Crime Prevention and the Reintegration of
Offenders - which helped us to start a business range of hair salons
in and around Soweto.
12.2 In 1996, we approached our ANG leaders with an aim of scrapping
our criminal records through a political amnesty that was running
under the Truth Reconciliation Commission at that time, since our
motive behind the commission of that robbery was not a personal
benefit or gain but for the protection of the community. Our plea was
not successful and given a reason that we were not high standing or
ranking members within the political party and still youth by then.
Secondly, there is no sufficient evidence to prove that our crime was
politically motivated because the leader who mandated us refused to
come forward and take responsibility.
RAPE CASE
12.3 I hereby wish to give the Honourable Court a bit of my personal
background and standing prior to my case of rape and after it -
I. Prior to being charged, convicted and sentenced with a case of
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rape in 2001, I was a socialite, an elite member within the
communities I used to live. Firstly, I was a socialite in the
business sector. I owned 2 (two) well established hair salons,
one in Reagi/e Location, Koster and one in Rustenburg Town.
I was also a shareholder in 3 (three) other well established hair
salons based in different locations of Soweto, Johannesburg.
II. Secondly, I was a socialite with the "Socio-Political" rotations
within the communities I lived in. I was actually born and bred
in Soweto where politics were a day-to-day life especially as a
youth in school by then. I was a youth in organisations like the
Congress of South African Students (COSAS). I became a
member of the South African Students Congress (SASCO)
when I was doing my sophomore at North West University
(Mafikeng) doing my law degree. I became an additional
member of the Executive Committee of the Law Students
Council (LSC). I was also elected and became the chairperson
of the Black Lawyers Association (Students' Charter). I was an
Executive Member of the Community Forum in 1994 in Koster .
I also have a track record of voluntary participating and
pertaining in a lot of community building projects through
NGO's or NPO's in communities I lived in.
Ill. Thirdly, I was active in the entertainment world. I was a vocal
backing artist for several well renowned artists in South Africa. I
was an actor in youth drama and films broadcasted by the South
African Broadcasting Corporation (SABC). I also had an
organisation which promoted youth talent and events
management called Glamour Promotions.
IV. I also wish that the Honourable Court should note that when this
rape dilemma happened in the year 2001, It was my" senior
Quadrennials" or rather the final year of my LLB Degree study
and left with a couple of courses left for me to can graduate my
degree.
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12.4 It is indeed very true that I have a criminal record of rape in which I
was charged with a co accused Mr ltumeleng Mphatswe under case
number: RCB 214101. We were both found guilty as charged on 09
August 2002. By the Mmabatho Regional Court and the case was
referred to the Mafikeng High Court for sentencing under case
number CC154/02. We were then sentenced to sixteen (16) years
imprisonment on the 09th December 2002.
12.5 I served my sixteen (16) years imprisonment sentence until I got
released on parole by the Parole board of Boksburg Correctional
Centre on 18 November 2010 due to good behaviour after having
served eight (8) years and six (6) months of my sentence. I have
finished serving my parole period and holistically the sixteen (16)
years imprisonment term on 08 December 2017 under the
supervision of the Mafikeng Community Corrections. Please find
attached a copy of a declaration of the Department of Correctional
Services Mafikeng Community Corrections marked hereto as
annexure "P1 0"."
[4] The applicant also goes to great lengths in his founding affidavit to explain
the impact that the previous convictions and sentences had on his
personal life. However, it is not necessary at this stage to take this into
account, given the decision reached. It is worth noting that the applicant
previously unsuccessfully applied for admission on 28 August 2015. This
Court handed down a written judgment on 1 0 September 2015 under case
number ADM 30/2014 in the matter of 'The North West Bar Association
and Calvin Padi'. I need not deal in any detail with the merits of that
application; suffice to state that the applicant also disclosed this j udgment
in his founding affidavit.
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[5] The North West Bar Association issued a 'Certificate of No Objection'
stating that " ... to the knowledge of the aforesaid Bar Council, there is no
cause or reason why the above-named applicant should not, accordingly,
be admitted." The 'Certificate of No Objection' is dated 25th August 2025.
[6] On 03 December 2025, the Legal Officer - Professional Affairs of the
LPC's North West Provincial Office addressed a letter to the applicant
stating:
"Your application for admission application as a legal practitioner, Advocate
was considered by the Legal Practice Council (NW) Provincial Affairs
Committee ("the Committee') on the 26th of November 2025 and the
Committee after thorough deliberations was deadlock and could not reach
a consensus. The committee resolved to refer your matter to the Provincial
Council of the North West for a decision.
We shall accordingly advise you when the date for Council meeting is set."
[7] This letter was followed by a letter dated 09 December 2025 , which
repeated the contents of the letter dated 03 December 2025 and added
the following paragraph:
"On 8 December 2025, your application was considered by the North West
Provincial Council ("the Council'? and after deliberations on your application ,
the Council took a vote and the majority resolved to object to your admission
application. Therefore, we cannot issue a letter of no objection."
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[8] The LPC did not consider it appropriate either to depose to an affidavit or
to file a report in court concerning the applicant's application. On the
contrary, the LPC sent an e-mail to the applicant forwarding the resolution
of the Council (LPC) and added, 'In this regard, we advise you come uplift
the files and go argue your application in cowt.' To say the least, this is
not at all helpful to this Court.
[9] The LPC is the regulatory body for legal practitioners in South Africa. It is
tasked, inter alia, to ensure that competent practitioners (Attorneys or
Advocates) are admitted to the profession. It is wholly inappropriate for
the LPC to simply tell an applicant to go and argue his/her case in court
without stating the basis for refusing to issue a 'letter of no objection' or a
'certificate of good standing'. I am of the view that if the provincial office of
the LPC could not reach consensus or was deadlocked in its decision, it
should have escalated the matter to its national office for assistance or a
decision. As the regulatory body of the legal profession, it cannot simply
'leave it in the capable hands of the court', proverbially speaking.
Order
[1 O] Consequently, the following order is made:
{i) This matter is postponed until Friday, 24th July 2026.
{ii) The Legal Officer - Professional Affairs of the North West
Provincial Office of the LPC must file a comprehensive affidavit
within ten (10) days of the date of this order, indicating why a
decision could not be reached with regard to this application, and
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decision could not be reached with regard to this application, and
why a comprehensive report to this effect was not previously filed
with the Office of the Registrar of this Court. Furthermore, it must
explain why this matter not escalated to the National Office of the
LPC for intervention.
(iii) This order, together with a copy of this application, must be filed
with the Office of the National Director of the LPC for his input,
comments and directives within twenty (20) days of the date of this
order. The National Director of the LPC, or his duly appointed
representative, must file an affidavit explaining what steps, if any,
will be taken with regard to this application within thirty (30) days of
the date of this order.
(iv) A copy of this judgment and order must be sent to the Chairman of
the North West Bar Association and the Chairman of the General
Council of the Bar (GCB) of South Africa.
D HENDR . S
JUDGE PRESIDENT OF THE HIGH COURT,
NORTH WEST DIVISION, MAH IKENG
and
LMMORGAN
ACTING JUDGE OF THE HIGH COURT,
NORTH WEST DIVISION, MAH IKENG
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Appearances
Counsel for the Applicant: Mr. Letswalo
Instructed by: RS Ta~ Attorneys
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