Court sentences Malesela Teffo to 12 months in jail if he continues to practise

Malesela Teffo, who the high court ordered removed from the roll of advocates last year, has been sentenced to 12 months’ imprisonment for breaching that order, unless he complies immediately.

The Pretoria high court ruled against Teffo.

Teffo, who came to prominence during the murder trial of SA footballer Senzo Meyiwa when he represented one of the accused, has been the focus of the Legal Practice Council (LPC) since 2021 following complaints.

The LPC sought to remove him from the roll of advocates, alleging that Teffo had assaulted a police officer, was involved in corrupt activities, and had violated various court procedures.

In 2022, the matter was heard before two judges of the Pretoria high court, where Teffo argued on his own behalf.

The court ruled “[Teffo] lacks the sense of responsibility, honesty and integrity and such attributes are characteristics of an advocate.”

In September 2022, the court struck him from the roll of advocates, ordered him to hand over documents and certificates, and prohibited him from accessing bank accounts.

The court also allowed the LPC to come back to court if Teffo did not comply, where the council could ask him to be committed to prison.

Teffo launched applications to have the September 2022 order disposed. These matters were all brought together and argued in March this year. However, Teffo did not appear to argue and the matters were removed from the roll.

The LPC said throughout this time Teffo held himself out as a practising advocate despite the 2022 order striking him from the roll. In May he appeared fully robed on national television in the Meyiwa trial, but the judge refused to hear from him given his status. He also told other judges he was still practising and swore to this in affidavits.

The LPC used the path left open by the high court to apply to have Teffo imprisoned for violating the court’s order.

The high court’s finding

Pretoria high court judge Brenda Neukircher found in favour of the LPC and dismissed every argument and application Teffo attempted.

She noted some of Teffo’s applications were not only meritless but were filed out of time. Teffo tried to argue the LPC had never conducted an investigation into his alleged offences but simply went straight to court. But Neukircher said this was “a fishing expedition”.

Teffo argued that because the September 2022 court order that struck him from the roll referred to one of the judges as “Ms” instead of “Mr”, this made the order “defective”. But his lawyers abandoned this during argument. Neukircher noted this argument made no sense since Teffo himself had argued before the two judges and thus knew their identities.

He argued that there is new legislation that raises the threshold required to become an advocate. As he was admitted under the older legislation, “he received no formal training and cannot be held to the high standards” of those who did.

Neukircher said “the argument is astonishing”, especially given Teffo’s own statement he has been in practice for 14 years and has appeared in high-profile matters. “He has absolutely no excuse for his conduct.”

Teffo, said Neukircher, refers to himself as “the best and most powerful advocate this country has ever produced”. This appeared contradictory if he wanted leniency from courts.

Neukircher found he had violated the court order repeatedly by appearing as an advocate, despite being struck from the roll. She ruled he faces 12 months’ imprisonment, unless he immediately stops practising.

She ordered him to pay the LPC’s legal costs on a punitive scale, given the “scandalous manner in which [he] conducted himself”.

moosat@businesslive.co.za