Safa boss Danny Jordaan’s lawyer stays after state’s application fails

The state on Tuesday faced a significant setback in its fraud case against South African Football Association (Safa) president Danny Jordaan and his co-accused.

Jordaan, alongside Safa chief financial officer (CFO) Gronie Hluyo and businessman Trevor Neethling, appeared before the Specialised Commercial Crimes Court in Palm Ridge for two applications.

The state sought to have Advocate Norman Arendse, representing Jordaan and Hluyo, recused over an alleged conflict of interest.

Jordaan and Hluyo filed an application to have the case struck off the roll, citing unreasonable delays under Section 342(a) of the Criminal Procedure Act.

State’s allegations of conflict against Danny Jordaan’s lawyer

State prosecutor Moagi Malebati argued that Arendse’s involvement in a separate case representing Safa created a potential conflict.

“It has also come to the state’s attention that the counsel has appeared in the said matter as recently as the 4th of December 2024, a day before appearing on behalf of accused one and three at the Specialised Commercial Crimes Court in Palm Ridge,” said Malebati.

He further contended that Safa, being both a victim and complainant in the fraud case, was legally distinct from Jordaan and Hluyo, who were implicated as alleged perpetrators.

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The prosecutor cited the Legal Practice Council’s (LPC) code of conduct, which mandates legal practitioners to withdraw from cases where conflicts of interest arise.

“The counsel [Arendse] should have not accepted the brief from the applicants [Jordaan and Hluyo] since he has a relationship with both applicants and Safa which might reasonably compromise his independence,” Malebati stated.

Malebati also noted that a judgment on the separate Safa-related case, in which former vice-president Ria Ledwaba and Solly Mohlabeng had challenged the association’s recent elective congress, was delivered on 5 December, further complicating matters.

Arendse’s response

In his defence, Arendse dismissed the state’s application as baseless and an attempt to stall the fraud case.

“The code is very clear that legal practitioners, whether advocates or attorneys, that we, as a matter of courtesy, must inform [and] advise one another if there’s an issue which is immediately not apparent from the pleadings that an issue would be raised,” the advocate said.

He accused Malebati of violating the LPC’s code of conduct by failing to inform him in advance about the state’s intentions to raise the conflict issue.

“I had said then and repeat it today that it was intended to embarrass me,” Arendse added.

Magistrate’s ruling

Magistrate Sheron Soko-Rantao ultimately dismissed the state’s application, ruling that the court lacked jurisdiction to recuse Arendse.

Soko-Rantao highlighted that the right to legal representation of one’s choice is a constitutional matter that should be addressed in a higher court.

“This court cannot deal with an aspect of a constitutional nature. It has to go to the high court and it can escalate from the high court until the highest court, which is the Constitutional Court,” she explained.

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The magistrate further pointed out that her hands were tied since the alleged conflict had not been substantiated.

“At this moment, I cannot say whether there’s a conflict or not, but this says that if there is a conflict, nothing stops the state from lodging an application with the legal body that is responsible for the advocate or any party involved in these proceedings because that will tantamount to delay the matter,” she concluded.

Danny Jordaan charges

Jordaan, Hluyo and Neethling have been charged with fraud and theft for allegedly misusing R1.3 million of the association’s funds for personal gain.

The trio were arrested on 13 November and are currently each out on R20 000 bail.

Despite the serious allegations, Jordaan will not be stepping aside, according to Safa.

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