The Legal Practice Council has applied to the High Court in Johannesburg to remove former Public Protector Busisiwe Mkhwebane from the advocates' roll [1, 2].
The move represents a significant legal escalation for Mkhwebane, as losing her status as an advocate would prevent her from practicing law in South Africa. This application follows a period of intense scrutiny regarding her conduct while serving as the nation's top anti-corruption watchdog.
The council's application alleges that Mkhwebane engaged in dishonesty, incompetence, and unprofessional conduct [1, 2]. The Legal Practice Council said she is no longer a fit and proper person to practice law [1, 2].
These allegations are rooted in findings from her Section 194 impeachment process. The council cited specific findings of misconduct, incompetence, and dishonesty that emerged during those proceedings as the basis for the current court filing [1, 2].
The Johannesburg High Court will now determine if the evidence of misconduct warrants the permanent removal of her professional credentials. The process focuses on whether her previous actions as a public official breached the ethical standards required of a legal practitioner, a standard that governs the integrity of the legal profession in South Africa.
If the court grants the application, Mkhwebane will be stripped of her right to appear in court as an advocate. The council said the findings from the impeachment process provide sufficient grounds to conclude that her continued presence on the roll is untenable [1, 2].
“The Legal Practice Council has applied to the High Court in Johannesburg to remove former Public Protector Busisiwe Mkhwebane from the advocates' roll.”
This legal action signals a shift from political accountability to professional consequence. While the Section 194 impeachment process addressed Mkhwebane's fitness for public office, the Legal Practice Council's application targets her professional identity. A ruling against her would not only end her career as an advocate but would set a precedent for how findings of misconduct in high-level government roles translate into professional sanctions for lawyers.
