A rogue Bloemfontein lawyer stole from his clients, misled the legal ethics regulator and then repeatedly tried to continue practising despite being struck off.
The Supreme Court of Appeal (SCA) this week put an end to attorney Lebohang Michael Sondhlane’s mischievous behaviour of misleading the Legal Practice Council (LPC) and repeated appeals against his suspension from working as a legal practitioner.
The court refused to condone his latest appeal.
In a scathing judgment, the SCA found that Lebohang Sondhlane — previously known as Lebohang Michael Mokhele — showed “egregious contempt” for court orders and posed a danger to the public.
The court also drew an “inescapable inference” that Sondhlane changed both his surname and the name of his law firm after he was struck from the roll in an attempt to continue practising as an attorney.
Sondhlane previously practised under the name LM Mokhele Attorneys Incorporated before being suspended in November 2022. After he was struck from the roll in January 2024, he began operating under the name LM Sondhlane Attorneys, trading as Sondhlane Attorneys.
The SCA judgment details how the LPC launched proceedings against him following complaints from clients accusing him of mishandling and misappropriating funds.
One complaint came from Xolile Yawa, who paid Sondhlane R45,000 in February 2021 to petition the SCA in a customary marriage and deceased estate dispute. However, Yawa later discovered that no petition had ever been filed.
Investigations by the LPC uncovered that a after Yawa paid the money into Sondhlane’s trust account, R69,500 was transferred into the attorney’s business account.
Sondhlane allegedly claimed the money had been paid to a handwriting expert but failed to provide proof of either the invoice or payment.
The court said he was “less than candid” with both the LPC and the courts.
A second complaint involved widow Mathabo Emily Tau, who accused Sondhlane of irregularly handling her late husband’s estate.
According to the judgment, more than R1m from a life insurance payout was allegedly transferred out of the estate account without authorisation from the Master of the High Court.
The court found that Sondhlane first attempted to conceal the R1m deposit by failing to reflect it in liquidation and distribution accounts.
Judges said the withdrawals escalated over time while Tau struggled to access funds to support her orphaned children.
Members of the public are to be protected from attorneys of his ilk
— Earlier high court judgment quoted by SCA
Despite being suspended from practice in 2022, Sondhlane continued practicing, arguing that filing applications for leave to appeal automatically suspended the orders against him.
The LPC later brought contempt proceedings against him, with the high court finding that he wilfully disobeyed court orders and had “no respect” for the professional body governing attorneys.
The SCA said Sondhlane repeatedly attempted to exploit legal processes to continue practising.
In February this year, nearly 11 months after an execution order was granted against him, Sondhlane filed a notice of appeal and again resumed practising. He even accepted instructions in a criminal trial before being stopped by the court and later arrested on charges including fraud, contempt of court and practising without a fidelity fund certificate.
The SCA dismissed his application for condonation, finding the delay excessive and his explanations inadequate.
“Members of the public are to be protected from attorneys of his ilk,” the earlier high court judgment quoted by the SCA stated.
The appeal court also criticised the poor quality of the appeal record prepared by Sondhlane’s attorneys, ordering them to personally pay the costs of preparing it.
The court ultimately ruled that granting condonation would not be in the interests of justice given Sondhlane’s repeated disregard for the courts and the legal profession.
Sowetan
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