Advocates could face probe after Namibia convictions

After prominent South African Advocates Mike Hellens and Dawie Joubert failed to successfully appeal their immigration violation convictions in Namibia's Supreme Court, the Johannesburg Bar says it will consider whether they should face a professional misconduct probe. News24 reports that Johannesburg Society of Advocates (JSA) chairperson Greta Engelbrecht said the society’s professional committee had initially decided not to investigate Hellens and Joubert over their convictions in Windhoek in November 2019, because they had successfully reviewed those convictions and sentences in a civil court process. ‘However, in light of the most recent judgment (the dismissal of Hellens and Joubert's criminal appeal against their convictions by Namibia's Supreme Court), I understand that the matter is again on the professional committee agenda,’ she added. ‘The professional committee is now again considering what steps ought to be taken and are capable of being taken in light of that judgment… So, this is not a matter where it has been decided that we are not taking this any further.’ Hellens and Joubert have acted regularly for the Gupta fugitives.

Speaking to News24 yesterday, Hellens said his and Joubert's convictions had been set aside on review by the Namibian High Court in Windhoek. He added their appeals against the guilty findings had failed because they were based only on what had been before the magistrate who first convicted them – and did not consider evidence they said demonstrated their right to work as lawyers in Namibia. ‘The government appealed the review. Now we are waiting for the result of the appeal against the successful review… But the review sets aside the conviction. There's nothing for us to be charged with again.’ At the time of their arrests, Hellens and Joubert were set to represent six accused, which included former Namibian Ministers Bernhard Esau and Sacky Shanghala, in a bail application for the high-profile ‘Fishrot’ corruption case.