LPC intends to criminally charge Malalane attorney Zietta Janse van Rensburg

The Legal Practice Council (LPC) has indicated their intent to open a criminal case against disgraced Malalane attorney Zietta Janse van Rensburg. This comes after Zietta defied Mpumalanga High Court Judge Brian Mashile’s judgment in April, which denied her application for leave to appeal against her suspension as a lawyer.

The LPC reacted to queries sent by Lowvelder and stated: “She is currently holding out under the pretence and misrepresentation that she is a practising legal practitioner. Section 93 of the Legal Practice Act (LPA) 28 of 2014 is clear on such conduct, that ‘any person who is in contravention of section 33 of the LPA is committing an offence and is liable to a fine or imprisonment’

Despite Zietta being suspended with immediate effect, she continued doing legal work and even represented a client in a case heard by Mashile on May 21.

When the legal representatives introduced themselves to the court, Zietta said: “We know each other well.” Mashile replied: “We do, but I don’t think you have the right of appearance.” Zietta replied that she did.

The opposing advocate, on behalf of the applicant, told Mashile that the documentation Zietta sent on behalf of the defendants was submitted at the last minute and that the ‘Notice of intention to oppose’ was not signed by an attorney. He questioned whether Zietta was duly authorised to appear in the High Court.

Mashile asked Zietta why she thought she could represent a client and she answered that she was in the process of petitioning his judgment.

Also Read: The Onderberg’s Zietta van Rensburg implicated in ‘serious misconduct’

After a discussion about the unsigned documentation that had been presented, the applicant’s advocate replied that in accordance with the law of procedure, the court could only adjudicate the evidence before the court and that the evidence was insufficient. He further said Zietta filed her clients’ documents at the last minute and gave the applicant no time to reply.

The parties are also involved in a magistrate’s court matter in the Nkomazi region in Tonga.

Hereafter, Mashile rapped Zietta over the knuckles for not being properly robed. She responded that she did not think that the matter would proceed. “I have nothing to say to you; I don’t see you,” Mashile replied and continued with the court proceeding.

Van Rensburg Attorneys reaction

Lowvelder perused the court documents filed in the Nkomazi matter and noted that they were signed and compiled under the name of Van Rensburg Attorneys, a firm owned by Zietta’s father-in-law.

When confronted with the documentation, Johan Janse van Rensburg said he had no knowledge of the court documents and that the party involved was not his client.

Also Read: High court suspends Onderberg attorney: Zietta scrambles to continue practising

He denied having signed the documents and confirmed that he enquired with Zietta about the matter, and she confirmed she had indeed signed the documentation.

LPC reaction

 Mpumalanga director of the LPC Motlatso Mabudusha confirmed that Zietta was not allowed to practise: “We have been made aware of her appearance in court on 21 May 2024 before Judge Mashile and we are investigating the matter and Council will deliberate and resolve on the Legal Practice Council’s approach to the contempt of court.

“We have received communication by way of email from Ms Janse Van Rensburg where she alleges that she has filed a petition with the Supreme Court of Appeal and as it stands, we have not received notice of the petition.

“However, given the court’s judgment, which clearly states that Ms Janse Van Rensburg remains suspended despite the appeal application she filed, her practising status remains suspended until the order is set aside by the Supreme Court of Appeal if she will be [is] successful in appealing the Mpumalanga High Court decision.”

Also Read: Breaking news: Malalane attorney loses appeal, can’t practise

Mashile appointed Mabudusha as the curator of Janse van Rensburg Inc when the suspension order was granted. She confirmed that the LPC made an inventory of the files given to them and could only speak to the files collected by them to wind up the firm.

Mabudusha said the LPC was in control of Zietta’s trust account and that ‘we are not aware of any other transaction made by her as the trust account under curatorship is closed’.

The LPC is continuing its investigation against Zietta.

Lowvelder is also investigating two further matters in which Zietta was involved and will soon publish follow-up reports. The publication is aware of five criminal charges currently being investigated against her.