South African Legal Practice Council v Mokhele

The South African Legal Practice Council (LPC), the statutory regulator of legal practitioners, brought an urgent application in the Free State Division of the High Court seeking the interim suspension of attorney Lebohang Michael Mokhele from the roll of legal practitioners, pending the finalisation of disciplinary proceedings. The application followed complaints from members of the public and an LPC investigation which revealed prima facie evidence of serious misconduct, including trust account shortages. The High Court dismissed the application, holding that suspension under s 43 of the Legal Practice Act 28 of 2014 could only be sought after the disciplinary process had been finalised. The LPC appealed to the Supreme Court of Appeal. While the appeal was pending, Mr Mokhele was in fact suspended by the High Court in separate proceedings, and a striking-off application was heard, rendering the appeal moot.

The appeal was struck from the roll with no order as to costs.

The case is significant for clarifying the approach of South African appellate courts to mootness, particularly where declaratory relief is sought on appeal. It underscores that even issues of public importance, such as the interpretation of disciplinary provisions in the Legal Practice Act, must be raised through proper procedural channels with all interested parties cited. The judgment also reinforces the limits of appellate jurisdiction and cautions against using appeals to obtain advisory opinions.