Now, Lawyer Leburu sues the magistrate

Mpho Mokwape | Wednesday February 12, 2014 20:11

Mmegi last week reported that Leburu, who was representing 13 Limkokwing students in a case related to trespassing, was thrown out of court and detained at Village holding cells last week Thursday.

Speaking to Mmegi, Leburu said the decision to file the case was purely on the basis that the Magistrate had no right to detain him citing it was unnecessary and unlawfully.

He explained that the Magistrates Court has the right to throw and detain anyone found to be in contempt of court, but as a lawyers it is a different case as stated according to the provincial court laws, rules and regulations.

However, Leburu acknowledged that the magistrate had the right to throw him out of court if he/she found necessary, instead of detaining him which he said there has to be an order issued before he could be detained.  Leburu said he still finds no reason why he was detained, as his behaviour did not amount to contempt of court.

“For me to be held for contempt of court, I should have at least said something like “nonsense” or called the magistrate “rubbish”, but I did not say any of those words”, said Leburu.

He further said the opening of the case was prompted by the fact that the magistrate wrote in her report that he uttered words such as “rubbish”, of which he said he recalls never uttering such words.  “The magistrate is displaying fraudulent behaviour and it is only fair that I open a case against her,” said Leburu. Leburu said he would also be filing a P300,000 lawsuit against the General Attorney and Ditlhong, saying it is for damages that he suffered at the hands of Ditlhong and an application to the High Court for the conviction to be set aside. He explained during his detention that he had cases to attend to and clients to see.  His detention has caught the attention of the media, which he said looked bad on him.

The Central Police Station, has confirmed the case, but declined to divulge any information citing that the case has just being filed and is in its preliminary stages.