The Legal Practice Council has applied to the Gauteng High Court to have former Public Protector Busisiwe Mkhwebane struck off the roll of advocates [1].
The application represents a significant legal challenge to Mkhwebane's professional standing. If the court grants the request, she would be barred from practicing law in South Africa, ending her career as an advocate.
The LPC based its application on allegations that Mkhwebane demonstrated dishonesty, incompetence, and unprofessional conduct [1, 2]. The council is seeking the removal of her name from the professional register to protect the integrity of the legal profession.
This legal action follows a period of intense scrutiny regarding Mkhwebane's tenure as the Public Protector. The Gauteng High Court in Pretoria is now tasked with determining if her actions met the threshold for professional misconduct [1].
Mkhwebane rejected the allegations and the motives behind the application. She said the move by the council was a political witch hunt [3].
While the LPC maintains that the application is a matter of professional standards, Mkhwebane said the proceedings are politically motivated [2, 3]. The case centers on whether her conduct as a legal practitioner warrants the most severe professional sanction available.
“This is a political witch hunt.”
This case highlights the tension between professional regulatory bodies and high-profile public officials in South Africa. By seeking to strike Mkhwebane from the roll, the LPC is attempting to establish a precedent that professional conduct standards apply regardless of a practitioner's previous political or institutional power.
