‘He wilfully and intentionally lied under oath and thereby committed perjury by stating that he was a law abiding citizen with no record or pending criminal cases against him . . .’

the time of Mziako’s application to the Northern Cape High Court, it was not opposed by the Northern Cape Society of Advocates as they were not aware of a circular that was issued by the General Council of the Bar of South Africa during 2011 to its constituent Bar Councils.

“At that stage the society was unaware of any reasons not to consider Mziako a fit and proper person to be admitted as an advocate.”

The circular advised that any application submitted by Mziako for admission as an advocate should be brought to the attention of the advocates’ society.

Van Niekerk advised that it was the duty of the advocates’ society to regulate the advocates’ profession.

He stated that it later came to their attention that Mziako had a criminal record. He was convicted and sentenced to 25 years imprisonment on 13 charges of fraud, the theft of 11 motor vehicles and a motor vehicle engine and five charges of corruption.

“He was sentenced to imprisonment on August 30 1995 in respect of these charges. It also became evident at the same stage that, at the date of the conviction, Mziako had an existing criminal record relating to four previous convictions in 1981, 1984 and two occasions in 1987.”

Van Niekerk stated that the 25-year sentence was reduced to 18 years on appeal.

“Mziako intentionally failed to divulge any particulars regarding his criminal record . . . in support of his application for admission at the Northern Cape High Court as an advocate.

“He wilfully and intentionally lied under oath and thereby committed perjury by stating that he was a law abiding citizen with no record or pending criminal cases against him.”

The vehicles were resold inside and outside the country, where several vehicles had their identity altered and false clearance certificates were obtained by bribing officials.

During the appeal it was noted that Mziako received R123 500 from the proceeds of the sale of the vehicles that were eventually repossessed, while damages amounting to R300 000 were incurred from the theft of the vehicles and fraud involving R500 000 was committed.

Van Niekerk said that by intentionally misleading the court, Mziako was dishonest and was therefore not fit to continue practicing as an advocate as he could not be entrusted with the affairs of any member of the public.

Mziako, who is opposing the application, in court documents claimed that the Northern Cape Society of Advocates was aware of his criminal record and that the matter was not urgent.

“No member of the public has complained about me or my conduct, nor is there any misconduct hearing pendig against me which would likely warrant the granting of an interdict. The Northern Cape Society of Advocates failed to establish any prejudice or irreparable harm in the event that the order it seeks is not granted.”

Mziako denied that he had withdrawn his application in KZN because the KZN Society of Advocates intended to oppose his application.

“The society never filed any such notice but merely sent me a letter requesting more information. I have never said that I have no criminal record but that I have no record in which I was referring to