Controversial former advocate Malesela Teffo, who was earlier disbarred because of his antics and unprofessional behaviour, is not a man who gives up.
Teffo is now fighting a suspended jail sentence while actually being in the Johannesburg Prison, popularly known as Sun City, awaiting trial.
The former Senzo Meyiwa murder trial defence advocate, once again turned to the Gauteng High Court, Pretoria, this time in a bid to obtain leave to appeal a suspended sentence of a year behind bars for contempt of court.
Judge Brenda Neukircher nearly a year ago ruled in favour of the Legal Practices Council, which had brought the contempt of court order as Teffo had simply ignored the fact that he was struck from the roll of advocates in 2022.
At the time, Teffo was accused of misconduct and misappropriation of funds by a number of clients who complained that despite them paying he never rendered services.
The complaints against Teffo to the council came before he took on the Meyiwa case as legal counsel for several of the accused. But his antics during the trial formed part of the striking-off proceedings against him.
Teffo, however, did not pay much heed to the fact that he was no longer an advocate and he continued representing clients as if he was still part of the legal fraternity. He also appeared, fully robed, in the Meyiwa trial after he was struck from the roll.
The Legal Practices Council eventually turned to the court to hold him in contempt of court. Judge Neukircher slapped him with a year behind bars sentence, but she gave him a lifeline as she suspended this, providing he towed the line and stopped practising.
He was meanwhile arrested and detained last year on charges of malicious damage to property, trespassing, and assault. He is still behind bars, awaiting trial, which has been delayed since Teffo on several occasions refused to appear before the court.
The charges followed after Teffo allegedly assaulted a security officer to gain entry into a building where he said his “chambers” were situated.
Teffo’s lawyers meanwhile withdrew as his legal team (Teffo said he fired them) , which Judge Neukircher said was somewhat problematic as he is representing himself in his leave to appeal bid, while in jail (for trespassing and other charges).
She noted his reasons for leave to appeal were, however, the same as his reasons previously for opposing his contempt application. Judge Neukircher said as he is at present in the “Sun City” jail, it was difficult to get him to court to argue his latest case.
The earlier contempt of court order was also obtained while he was in jail, as he was arrested about two months prior to that application. The Department of Correctional Services was instructed to bring him to court, but they did not. They then told the judge’s registrar that they (the court) must make plans to get him there.
The judge commented that “of course this was not possible” as it is the task of the prison to do so. The judge then ruled that the matter would be decided on the papers before court.
While still in jail, Teffo meanwhile provided the court with his argument in his latest application, which included that the court in granting the contempt order, had “grossly violated” his rights, as he was never given the opportunity to give his side of the story, as he was and still is in jail.
He demanded that the court overturn its contempt finding. He also complained that he is being detained illegally (on the criminal charges) and accused the judge of being “comfortable” with the fact that he is behind bars, as she went ahead with the main contempt application without “asking for my whereabouts”.
“You have been biased and discriminated against me on the basis of race, because I am an African advocate,” Teffo told the judge. He said she was “exposed” as she earlier asked the prison authorities to bring the “prisoner” or “accused” to court.
“This is the attitude of (a) so-called white judge, referring to an African advocate in this country. I am not short of calling you racist, but it is what it is, for your information Madam,” (sic) Teffo said in his latest submissions.
He further called on the judge to order the prison to release him.
The judge meanwhile turned down Teffo’s latest attempt for leave to appeal, as she found that there were no prospects that he would succeed on appeal.
Pretoria News