A man who was sentenced to 10 years' imprisonment has been released from prison after the KwaZulu-Natal High Court in Pietermaritzburg learned that his lawyer was suspended from practicing. File Picture: Nokuthula Mbatha/ Independent Newspapers
Image: Nokuthula Mbatha
A man, who was sentenced to 10 years' imprisonment, has been released from prison after the KwaZulu-Natal High Court in Pietermaritzburg learned that his lawyer was suspended from practicing.
Kwazi Michael Mkhize was convicted in the regional court in June 2023 for unlawfully possessing a firearm and ammunition.
Mkhize served 18 months of the 10-year sentence.
During his trial, which started in November 2022 and ended in June 2023, he was represented by Lizwi Joshua Kwela.
In December 2024, Mkhize sought relief in the High Court, requesting a review of his sentence after learning that his lawyer had been barred from practising during his representation.
The court documents didn't mention how Mkhize found out that Kwela was suspended from practicing.
In his review application, Mkhize attached a letter dated November 12, 2024, in which the Legal Practice Council (LPC) wrote to the magistrate of Pietermaritzburg and stated the following:
"Kindly be advised that Mr Lizwi Joshua Kwela of the above-mentioned firm was suspended from practicing as a legal practitioner on July 22, 2020, until to date as per our database and the Director of the Legal Practice Council (KwaZulu Natal Provincial office) is the appointed curator in this matter."
Judge Robin George Mossop, who presided over Mkhize's review, said he directed his registrar to urgently seek further information from the LPC regarding the grounds on which Kwela was suspended from practice and why he remained suspended four years later.
However, he said it was not possible to contact the LPC as it was closed for the festive season.
Judge Mossop said it should be noted that the LPC has the power to suspend members who do not achieve standards required by members of the legal profession, and it may, in deserving cases, prevent a wayward legal practitioner from continuing to act as a legal representative.
"For the purposes of this judgment, and being unable to contact the LPC, I shall cautiously accept that the suspension of Mr Kwela was justified," he said.
The judge added that Mkhize was represented at his criminal trial by a person that had no entitlement or right to do so, because of his suspension.
"Irrespective of the merits of the defence raised by Mr Mkhize at his trial or the performance of Mr Kwela in presenting that defence, it seems to me that the irregularity that occurred is so profound that it invites the intervention of this court," he said.
"In my view, it is in the public interest that defences in criminal trials be conducted by persons in good standing with the regulatory body that governs the legal profession."
Judge Mossop said a copy of the judgment will be sent to the LPC and the South African Police Services (SAPS) for further investigation into the conduct of Kwela.
"A copy of this judgment is to be sent by the registrar of the high court to SAPS to consider the desirability of investigating whether Mr Attorney Lizwi Joshua Kwela is guilty of a criminal offence."
Moreover, he said pending a decision by the Director of Public Prosecutions (DPP) on whether to prosecute Mkhize anew, he is to be released from prison.
"Given the passage of time since Mr Mkhize’s conviction, it is not entirely certain whether the DPP will be able to retry Mr Mkhize. It is possible that witnesses may not be available,'' he added.
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