A man sentenced to 10 years in prison has been released after the KwaZulu-Natal High Court in Pietermaritzburg learned that his legal representation during his trial was not valid due to his lawyer’s suspension from practicing. Kwazi Michael Mkhize, who had been convicted in June 2023 for unlawfully possessing a firearm and ammunition, served 18 months of his sentence before seeking relief in December 2024. Mkhize’s request for a review of his sentence was based on the discovery that his attorney, Lizwi Joshua Kwela, had been barred from practicing law at the time of his defense.
Mkhize’s legal troubles began during his trial, which ran from November 2022 to June 2023, when Kwela represented him despite being suspended from practicing law in July 2020. The suspension was confirmed by the Legal Practice Council (LPC), which sent a letter to the magistrate of Pietermaritzburg in November 2024, informing them of Kwela’s status. The court documents did not detail how Mkhize became aware of his lawyer’s suspension, but the revelation led him to file for a review of his conviction.
Judge Robin George Mossop, who presided over Mkhize’s review, sought further information from the LPC regarding the suspension and its justification but was unable to reach the council due to the festive season closure. Despite the lack of immediate clarification, the judge expressed cautious acceptance that Kwela’s suspension was justified, noting that the LPC has the authority to suspend legal practitioners who fail to meet the professional standards required of them. Mossop emphasized the importance of ensuring that criminal trials are conducted by lawyers in good standing with the regulatory body.
The judge found that Mkhize had been represented by someone who had no right to practice law at the time, rendering the legal representation during his trial fundamentally irregular. Regardless of the defense Mkhize raised or Kwela’s performance in presenting it, the judge deemed the situation sufficiently serious to warrant the court’s intervention. He argued that public interest demanded that criminal defense be handled by properly accredited lawyers, and as such, Mkhize’s conviction could not stand.
In light of these findings, Judge Mossop directed that a copy of the judgment be sent to the LPC and the South African Police Services (SAPS) to investigate Kwela’s conduct further. The judge also recommended that the Director of Public Prosecutions (DPP) consider whether Mkhize should be retried. However, due to the time that had passed since the original conviction, the DPP may face challenges in bringing forward a retrial, as key witnesses may no longer be available. Given these uncertainties, Judge Mossop ordered Mkhize’s release from prison, pending the DPP’s decision.
This case highlights the critical importance of ensuring that defendants in criminal trials are represented by qualified and duly accredited legal professionals. It also serves as a reminder of the far-reaching implications that a lawyer’s professional standing can have on the outcomes of legal proceedings.
