LSB defends Mothusi ban
Mpho Mokwape | Monday May 23, 2022 04:43
Mothusi was again disbarred from practice last year October through a High Court order, a barring that came just six years after he returned to practice through a court order. He was first barred in 2008 for failing to abide by LSB regulations.
In the latest Court of Appeal (CoA) filling, the LSB wants to be granted leave to file notice of opposition out of the time. The application, which was heard on Wednesday by Justice Lakhvinder Singh Walia, follows Mothusi’s decision to challenge his removal from the legal practitioner’s roll by the LSB. The LSB had failed to file a notice of opposition within the prescribed court process and now wants the court’s mercy so it could defend its decision.
The background of the case is that on October 4, 2021 then Justice Mercy Garekwe of Lobatse High Court at the time ordered that Mothusi’s name be struck off the roll of legal practitioners kept by the Registrar.
That was after the LSB applied for his removal due to misconduct. He was at the time of his removal accused of failing to pass on money paid to his client Berea Security Services (Pty) Ltd as payment from University of Botswana (UB).
At the time, Samuel Njaji was appointed curator to control and administer the trust accounts that were controlled and administered by Mothusi. According to papers filed in court, on July 18, 2021 the LSB received a complaint from Berea through an affidavit by company director Johnson Jobela Masole. “Berea had engaged the services of Mothusi to collect a debt on its behalf from UB. A settlement agreement was concluded in respect of the debt and UB paid the sum of P166,541.21 into Mothusi & Company Attorneys Trust account on 3rd June 2018. Berea was to receive an amount of P138,541.00 from Mothusi’s firm after deduction of the agreed legal costs. Mothusi issued a cheque on 12 July 2018 to Berea but dishonoured on 14 July 2018 due to insufficient funds in the Trust Fund held by Stanbic Bank. Berea was only paid after it had lodged a case with both LSB and the police,” stated the court papers.
Despite Berea withdrawing the cases after being paid, LSB placed the matter before the Disciplinary Committee, which determined that there was a possible case of misconduct against Mothusi. The committee then determined that Mothusi violated the rules of the LSB for delaying payment of trust money after due demand was made by client and without any lawful excuse. The committee also determined that there was a shortfall in the trust account of the firm at the time the cheque was presented for payment. At the time in court, Mothusi who was representing himself denied any wrongdoing arguing that no direct evidence has been found of any wrong doing on his part and that it was only hearsay.
“The society depended on hearsay and has no personal knowledge of the matter. The applicant did not produce a copy of the cheque to prove that it was dishonoured and he also said there was no prove that the complainant had authority to lodge the complaint,” he said. Meanwhile, in reference to his first disbarment, Justice Garekwe wrote, “Untruthfulness, that the LSB has not pointed to him ever committing acts of misconduct since he started practicing in 1993, knowing very well that he was in 2008 struck off the roll for acts of misconduct and only reinstated in 2015. This evidences that the respondent did not learn anything from past mistakes”.
Babuseng & Maswabi Company represented the LSB while Mothusi is represented by K.P. Tamocha & Company.
The ruling is expected on May 31, 2022.