LPC looking into fitness of Zuma’s former lawyers after convictions in Namibia

The Legal Practice Council (LPC) will launch an investigation following a complaint filed against Johannesburg-based lawyers Mike Hellens, SC and Dawie Joubert, SC, after the pair failed to overturn their Immigration Controls Act convictions in Namibia.

The high-flying advocates got themselves in trouble with Namibian authorities in 2019 after entering the country to represent high profile clients in court with visitor’s permits, instead of the required worker’s permits.

Hellens and Joubert pleaded guilty to two counts for contravening the provisions of the Immigration Control Act 7 of 1993 (ICA) on 29 June 2019.

The Windhoek Magistrate’s Court sentenced each to a fine of N$6 000 (R6 000) or one year’s imprisonment in respect of the first count, and sentenced to a fine of N$4 000 (R4 000) or six months imprisonment in respect of the second count.

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Immigration Control Act violated by Hellens and Joubert

Both the convictions and sentences against Mike Hellens SC and David Johannes Joubert SC were initially set aside by the country’s high court on 23 June 2021.

But on Friday 1 March 2024, the Supreme Court of Appeals in Namibia reinstated their 2019 convictions and sentences after the Namibian government successfully appealed the high court judgment.

Speaking to The Citizen on Thursday, the spokesperson for the Legal Practice Council (LPC), Kabelo Letebele, said when dealing with any complaint, an independent investigating committee will first review the complaint against the lawyers on its own merits in line with the Legal Practice Act.

He said, depending on the recommendations of the committee, it will then be decided whether the complaint should be escalated for a disciplinary hearing or for a possible application for suspension and court order.

Different jurisdiction

Letebele said: “In this instance the committees would need to look at specifics of the case, given that it involves a different jurisdiction as well.

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“It is also important to note that at times, the LPC often does afford legal practitioners facing cases or going through court process, to go through the process first – then depending on the outcome of the case, our investigating committees and/or disciplinary committees would look at the case again in light of the court outcome, then consider whether the legal practitioners are still fit and proper to be in the legal profession.”

Asked whether the fact that the conviction happened outside South Africa’s borders will have any bearing on the LPC investigation, Letebele said:

“Our jurisdiction is within South Africa, however our mandate is to regulate all legal practitioners duly admitted by a High Court in South Africa. Part of our mandate is to ensure adherence to the rules, regulations and code of conduct of the Legal Practice Act and therefore we have powers to investigate any matter brought before the council.”

Paul O’Sullivan’s complaint to LPC

In his emailed complaint to LPC and General Council of the Bar of South Africa on 2 March, independent forensic investigator Paul O’Sullivan charged that both Hellens and Joubert are unfit to serve with the privileges accorded a member of the bar, especially at senior counsel level.

“Both Adv Hellens SC and Adv Joubert SC have finally exhausted all of their legal options in Namibia and, as a result, stand convicted of offences in terms of the Namibian Immigration Act. It is clear from the judgment, that they both also committed fraud, by falsely representing to an immigration officer that were ‘visiting’ Namibia, when they were in fact ‘working’ in Namibia, without a work permit,” he said.

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In conclusion, O’Sullivan added: “The legal profession will be much better off without these two in it and I therefore request that they be investigated and disciplined.”

Johannesburg Society of Advocates (JSA) chairperson Greta Engelbrecht said: “When a complaint is lodged with the Johannesburg Society of Advocates (JSA), the Professional Affairs Committee attends to the complaint through internal disciplinary processes. You will appreciate that the JSA cannot share information regarding pending matters.”

The General Bar Council of SA confirmed receipt of our questions and promised that its chair, Advocate Myron Dewrance SC, would attend to them. His response will be added once received.

Efforts to get a comment from the lawyers in question were unsuccessful. Their responses will be added once received.

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