Society wants advocate struck

THE NORTHERN Cape Society of Advocates is seeking an urgent interim interdict to prevent Moses Mziako from practicing and wishes to remove his name from the roll of advocates, as he failed to disclose his criminal record before he was admitted to the Bar.

Chairperson of the Northern Cape Society of Advocates, Johan van Niekerk, stated in court papers that Mziako was admitted as an advocate in the Northern Cape in 2013.

“Apparently Mziako made an application in the KwaZulu-Natal (KZN) High Court during 2011 to be admitted as an advocate of the High Court of South Africa.

“The application was withdrawn by Mziako after it became evident that the KZN Society of Advocates intended opposing the application.”

The KZN Society of Advocates accused Mziako of “forum shopping”.

“He is hoping to get admitted in any province that may not call for disclosures concerning his past.”

Van Niekerk added that it appeared as if Mziako had made a similar application to the Gauteng North division of the High Court in Pretoria, for “similar relief”.

“The application suffered a similar fate to the one brought in KZN.”

Van Niekerk pointed out that at sequestration under debt counselling. The Admission of Advocates Act does not provide that any applicant to be admitted as an advocate should divulge their criminal record. I never had any pending criminal case against me to date. A criminal record does not per se bar any person from being admitted either as an attorney or advocate.”

Mziako stressed that an application to suspend any advocate or attorney or have their names struck off the roll could only be done after a misconduct had been reported against that person.

He pointed out that his convictions were no longer relevant as they were committed more than 20 years ago.

“In terms of the law the previous conviction has lapsed. Since my conviction I have genuinely, completely and permanently reformed myself of the criminal character.”

He added that he was a lay minister and was in good standing with the community and members of the public.

“I deny that I am not a fit and proper person to practice, as alleged.”

Mziako indicated that it was the prerogative of the society of advocates to investigate any allegations before his admission.

Acting High Court Judge Lawrence Lever on Friday postponed the matter in the Northern Cape High court until October 20.