‘Political persecution’ – MK party slams LPC bid to strike Mkhwebane off advocates’ roll [VIDEOS]

The LPC argues Mkhwebane is not a fit and proper person to remain an advocate based on parliamentary findings.


The MK party has slammed the Legal Practice Council’s (LPC) bid to strike former public protector Busisiwe Mkhwebane from the roll of advocates, denouncing it as “political persecution and institutional weaponisation” against black professionals.

The LPC launched an application at the Gauteng High Court this week, seeking an order to have Mkhwebane struck from the roll of advocates on 18 separate grounds, including allegations of dishonesty, incompetence and bias.

‘Not fit and proper’

LPC director Ignatius Briel argued Mkhwebane is not a fit and proper person to remain an advocate based on parliamentary findings.

“This matter obviously started with information about the parliamentary inquiry into her fitness to hold office, which stemmed from her conduct in several investigations, including the South African Reserve Bank, the lifeboat investigation, the Vrede Diary Project, the Sars rogue unit investigation, and the CR17 investigation,” Briel told Newzroom Afrika.

“So, in all of those matters, or many of those matters, there had been substantive litigation around her reports, and the courts had consistently found that Advocate Mkhwebane acted irrationally. She misunderstood fundamental legal principles. She exceeded her statutory powers. She ignored material evidence, and in some instances, there were even indications that she misled the court.

“When the outcome of the parliamentary investigation then came to light, the LPC took notice of that, and we are then duty-bound to bring this information before the court for a court to decide on her fitness to remain on the roll of advocates,” he said.

MK party slams LPC

MK party spokesperson Sifiso Mahlangu condemned the LPC’s bid to strike Mkhwebane from the roll.

“The MK party views this latest action as part of a broader pattern of political targeting and institutional persecution of black professionals who dare to challenge entrenched interests and hold the establishment to account.

“The weaponisation of legal and regulatory processes to silence, discredit and marginalise black professionals is a dangerous threat to democracy and justice,” Mahlangu said.

‘Not turn blind eye’

Mahlangu said the MK party will “not turn a blind eye” to the continued political lynching of black professionals through institutions that should uphold justice and impartiality.

“We will continue to stand against the abuse of state and professional bodies to settle political scores and undermine those who challenge the status quo.

“The rule of law must never become a tool for selective persecution. South Africa deserves institutions that protect justice, not institutions that are used to pursue political agendas,” Mahlangu said.

Oppose LPC application

Mkhwebane said she will oppose the LPC’s application to have her struck from the roll of advocates.

A former EFF MP and current MK party representative, Mkhwebane was removed from her position as head of South Africa’s watchdog body after a Section 194 inquiry found her to be biased, dishonest, and lacking basic legal comprehension in multiple high-profile investigations and court cases.

In an interview with Newzroom Afrika, Mkhwebane rejected the LPC’s application, which relies on findings made during the Section 194 parliamentary impeachment inquiry that ultimately led to her removal from office.

‘Surprised’

Mkhwebane said she was “very much surprised and very much disappointed” by the LPC’s actions.

“You know, the grounds which they are using are very much politically motivated. I would say that because I mean, I’ve been taken through the process, which process as well.

“Remember, it was not a fair process because it was finalised when I was not there, when my legal representation was not even present,” she said.

Not practising advocate

Mkhwebane argued that the LPC was relying on findings from the parliamentary inquiry instead of following its own disciplinary procedures.

“They are raising issues of incompetence and dishonesty, but at the end of the day, it’s like I’ve been punished over and over and over again.”

Mkhwebane maintained that she was not a practising advocate at the time of the events in question.