The State v Leon King

Leon King was charged in the Magistrate’s Court, East London, with assault with intent to do grievous bodily harm. He was represented during his trial by Mr A K Nongendzi, who claimed to be acting pro bono as an admitted advocate. During the defence case, the presiding magistrate discovered, after an enquiry to the Legal Practice Council (LPC), that Mr Nongendzi was not registered or enrolled on the roll of legal practitioners. Despite promising to resolve the issue, Mr Nongendzi failed to return to court. It emerged that although he had been admitted as an advocate in 2017, he had never applied for enrolment under the Legal Practice Act 28 of 2014 and was not recognised by the LPC as a legal practitioner with a right of appearance.

The proceedings in the Magistrate’s Court, East London, under case number A1140/2023 were reviewed and set aside as a nullity. Any prosecution of the accused must commence de novo before a different magistrate.

The case clarifies the mandatory requirement of enrolment with the Legal Practice Council for all legal practitioners, including advocates admitted before the Legal Practice Act came into force. It underscores the importance of regulatory compliance for the validity of criminal proceedings and affirms that unlawful representation vitiates a trial.