Pretoria - Former advocate Malesela Teffo yesterday received a temporary lifeline when the Gauteng High Court, Pretoria, gave him a week in which to file his opposing papers in the application launched by the Legal Practice Council to hold him in contempt of court.
Yesterday’s proceedings in the urgent court kicked off without any sign of Teffo or anyone representing him in court. It had also emerged that apart from earlier indicating that he will oppose the contempt of court application. But Teffo did not file a single paper in this regard.
Counsel for the LPC asked Judge Harishila Kooverjie to find Teffo in contempt of court for continuing to pose as an advocate, in spite of last year’s order in which his name was removed from the roll of advocates.
The council, initially in its application which was filed three weeks ago, suggested that Teffo be issued with a suspended jail sentence, which would kick in if he yet again posed as an advocate.
The watchdog organisation, however, had raised the spectre of direct imprisonment after finding Teffo in contempt of court.
In this regard, the Legal Practice Council pointed to the Constitutional Court order in the Jacob Zuma contempt of court application, where Zuma was simply given a direct prison sentence.
According to the Legal Practice Council, Teffo’s conduct is far more egregious and unrelenting than that of the former president.
The judge was told that, even after the Legal Practice Council had filed its contempt application against Teffo and he was fully aware of it as it was served on him, he simply turned a blind eye as he then appeared in the Senzo Meyiwa murder trial, fully robed and posing as an advocate.
According to the Legal Practice Council, nothing less than facing the doors of jail would top Teffo’s antics.
While Judge Kooverjie and the Legal Practice Council’s legal team were debating these issues, a team of legal representatives led by advocate Gift Shakoane SC, entered the courtroom and said that they were there to oppose the application.
While taking their seats in the front of the court, Judge Koovertjie asked them who they were.
“Who are you and what are you doing in my court,” she asked.
The clearly unhappy judge pointed out that there was not a single shred of opposing papers before her, nor was there any names of legal counsel given to her who would oppose on Teffo’s behalf.
The Legal Practice Council told the judge that Teffo had received its court papers two weeks ago and he had since remained silent on the issue until yesterday, when out of the blue a new legal team appeared in court.
It had emerged that Teffo’s now former lawyer withdrew from the case a few days ago and Shakoane said he and the rest of the team (another advocate and a lawyer) were on Monday only appointed by Teffo.
He asked the court for time to allow them to draw up opposing papers, so that the court could also hear Teffo’s opposition before it decided on the contempt of court application. Following more questions from the judge as to why she should entertain his defence, if there was nothing on her electronic court file to this effect, Shakoane commented that it seemed as if she (the judge) had already made up her mind on the matter.
He said this was an important case for Teffo as his liberty was at stake. “The matter must properly be ventilated on both sides,” he said.
Teffo, unrobed, meanwhile, entered the courtroom with a red file under his arm. He quietly sat listening from the public gallery.
The judge stood the matter down for a while so that the Teffo camp and the Legal Practice Council team could consult as to the way forward.
When the court resumed, the judge remarked that she would not allow the proceedings to result in a circus. She also said that she could not adjudicate on the issues without court papers as she would have to issue a written judgment at the end of the day.
“I know the matter will not just end here (in this court),” the judge remarked.
While the Legal Practice Council said it wanted the contempt of court application to be heard immediately, as it was urgent to obtain an order against Teffo, it reluctantly agreed to give him time to file his papers.
The judge gave the Teffo team a week to draft their opposition. She said the legal teams then had to approach Deputy Judge President Aubrey Ledwaba to obtain a date for when the matter could be heard again.
The judge said it was important to put Teffo on terms as to when he had to file his papers, to avoid him again coming to court, saying that he is not ready to proceed.
Judge Koovertjie then addressed Teffo, who was in the public gallery and urged him to take the matter seriously.
“Do not play with the court, as this is a serious matter… It's your whole life… Please take it seriously,” she told him.
Shakoane reacted to this by telling the judge that it is "unusual” for a judge to directly address a party to proceedings. “I am taken aback that you spoke to him directly,” he told the judge.
Pretoria News