Ngcukaitobi backs calls for advocate to be investigated over refusal to explain all-white BEE case

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Advocate Tembeka Ngcukaitobi SC.

Advocate Tembeka Ngcukaitobi SC.

Leading advocate Tembeka Ngcukaitobi has supported calls for a state-appointed advocate, who defied a judge’s directive to explain why there were no black lawyers in the BEE case he was arguing, to face a misconduct investigation. 

Responding to an email about the reported conduct of advocate Johan Brand SC, which was sent to members of the Johannesburg Advocates for Transformation (AFT) executive committee by advocate Kameel Premhid, Ngcukaitobi said he “fully” agreed with Premhid’s strongly worded submissions about Brand’s “contemptuous” conduct towards Gauteng High Court in Pretoria Judge Mandlenkosi Motha. 

Premhid said Brand’s apparent refusal to comply with Motha’s directives for the all-white advocates in a case before him to explain why there were no black lawyers among them was “a deliberate and wilful refusal by an advocate of the High Court to comply with a lawful instruction of a judge in current/live proceedings”. 

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