As seductive as certain perspectives of international law may appear to those who disagree with the outcome of the interpretative exercise conducted by this Court in the contempt judgment, sight must not be lost of the proper place of international law, especially in respect of an application for rescission. The approach that my Brother adopts may be apposite in the context of an appeal, where a court is enjoined to consider whether the court a quo erred in its interpretation of the law. Although it should be clear by now, I shall repeat it once more: this is not an appeal, for this Court’s orders are not appealable. I am deeply concerned that seeking to rely on articles of the ICCPR as a basis for rescission constitutes nothing more than sophistry.
Sometimes an advocate’s astonishing arrogance is only trumped by his unrivaled carelessness and chutzpah. Mr. BLM Bokaba seems to be such an advocate.
On Friday he received by far the harshest dressing down ever handed out by the
This case deals with a dispute about the right to succeed as Hosi (Chief) of the Valoyi Tribe in
The High Court, and eventually the Supreme Court of Appeal, held in the respondent’s favour and the daughter appealed to the
The Court pointed out that Mr Bokaba never filed his motion of intention to oppose and filed answering affidavits more than two months late. It also pointed out that this late application for a postponement was “inexcusable” and expressed shock that “at the hearing counsel admitted that he was unprepared to present his client’s case, should the application for postponement be denied. He appeared to presume that the application would be granted – a presumption one makes at the peril of one’s client”.
The Court then continued:
Counsel’s conduct went from frustrating to astonishing. During oral argument he matter-of-factly and repeatedly stated that, despite the respondent’s lack of funds, he had adamantly refused to do the matter with funding from the Legal Aid Board. The rates, he said, are too low; the payments, he lamented, are too slow. As a practising advocate, it is of course his decision whether or not to accept Legal Aid funding. He cannot be forced to do so. If he refuses Legal Aid funding, however, he must then either comply with the Court’s rules and represent his client properly, or withdraw from the brief timeously.
Mr Bokaba is doing a disservice to his client, to his honourable profession and to the constitutional principles his client seeks to vindicate. With this in mind, the Registrar of this Court is directed to bring this judgment to the attention of the Pretoria Bar Council.
Mr. Bokaba behaviour is truly shocking: he appears greedy and uninterested in what is best for his client and seems to languish in a pool of entitlement. I would have been deeply ashamed if I was him – but he does not look like the type of person with any shame.
He is supposed to represent the interest of the client and should feel honoured to be able to take such an interesting and important case all the way to the
I hope the Pretoria Bar Council takes firm steps against him. Or am I naive about the way advocates are supposed to behave? I would hate to think this kind of behaviour is acceptable at the Bar and cannot imagine that it is. Off with his head!