Advocate runs into trouble with Constitutional Court
Publish date: 11 June 2007
Issue Number: 1843
Diary: Legalbrief Today
Category: Corruption
Advocate Lucky Bokaba has been censured by the Constitutional Court and faces disciplinary action by the Pretoria Bar Council, notes a City Press report.
Bokaba is representing Sidwell Nwamitwa in a legal battle with his cousin, Tinyiko Nwamitwa-Shilubana, over the chieftainship of the Valoyi community in Limpopo. Last month, Bokaba forced the court, to the disappointment of the 10 judges, to postpone the hearing for reasons he admitted were outside the ambit of the law. Chief Justice Pius Langa then gave an assurance that the reasons for the granting of the postponement would be issued. And on Friday, the court, in its reasons written by Justice Johann van der Westhuizen, and concurred with by all the other judges, slammed Bokaba for his conduct, which went from frustrating to astonishing. Bokaba had represented Sidwell in the Pretoria High Court and the Supreme Court of Appeal. Here he successfully argued against the appointment of Nwamitwa-Shilubana as a hosi (chief). However, Nwamitwa-Shilubana approached the Constitutional Court and the matter was set down for May 17. But Bokaba launched an application for postponement on the grounds of inequality of arms. He felt he could not match the six senior counsels representing the applicants. Full City Press report Judgment