High Court Bars Boikhutso Mpho from Practicing Law
STAFF WRITER | Friday October 31, 2025 11:40
IN THE HIGH COURT OF BOTSWANA HELD AT LOBATSE
CASE NUMBER: UAHGB-000323-25
In the ex parte application between:
LAW SOCIETY OF BOTSWANA APPLICANT
And
BOIKHUTSO MPHO t/a MPHO LEGAL
PRACTITIONERS RESPONDENT
RULE NISI
Before the Honourable Mrs. Justice Makhwe on this 14th day of October 2025
UPON HEARING: Attorney Chizondo F. for the Applicant, there being no appearance for the Respondent and having read the documents filed of record,
IT IS ORDERED BY THAT:
1. This matter is urgent and therefore warrants departure from the normal Rules of forms and service provided for in the Rules of the High Court.
2. A Rule Nisi do issue returnable on the 6th November 2025 at 0930 hours or so soon thereafter as Counsel may be heard, calling upon the Respondents to show cause why an order should not be granted to the Applicant in the following terms.
2.1. The Respondent is hereby declared not entitled to practice law, as envisaged in Section 27 as read with Section 53 (1) of the Legal Practitioners Act Cap 61:01 (“the Act”).
2.2. The Respondent be and is hereby interdicted, restrained and prohibited from practicing as an Attorney or holding himself out as, or pretending to be an Attorney or making use of any words or any name title or pretending to be an Attorney or making use of any words or any name title or addition or description implying or that he is a legal practitioner recognized as such in terms of the Act, until such time that he has complied with Section 27 of the Act.
2.3. The Respondent or any person acting under his authority or instruction(s) is and hereby interdicted and barred from transacting or operating the trust account(s) of the Respondent, trading under the name and style Mpho Legal Practitioners pending compliance with the provisions of the Act.
2.4. That a Curator Bonis nominated by the Applicant is hereby appointed to control and administer the trust account(s) controlled and administered by the Respondent operating as Mpho Legal Practitioners, immediately upon granting of this order.
2.5. The said Curator Bonis shall have powers to operate the said trust account(s) as signatory as would otherwise have been operated by the Respondent.
2.6. The Curator Bonis shall file a report with the Applicant within a reasonable time after the granting of this Order and give periodic reports to the Council of the Applicant, monthly or during such intervals as may be required by the said Council.
2.7. The Applicant and the said Curator Bonis shall be preferred creditors of the Trust Account(s) and cost of the Curatorship and Curators associated with this matter be paid ahead of any other from the Trust Account.
2.8. The Council of the Applicant shall cause this order to be published in an issue of two (2) private newspapers in circulation in Botswana within seven (7) days of the granting of this Order.
3. Pending the final determination of this application, it is hereby ordered that paragraphs 2.1-2.6 above shall operate as an interim order.
4. The Respondent shall pay the costs of costs of this suit.
BY ORDER OF COURT
REGISTRAR & MASTER