The Middelburg High Court has ordered lawyers for Mogau Mashegwana’s alleged killer to refund him for bungling his bail appeal.
In a judgment handed down on Friday, acting judge Kganki Phahlamohlaka criticised Sbusiso Joshua Mhlanga’s attorneys and counsel for their incompetence in handling the case.
The application, which sought to reinstate Mhlanga’s bail and overturn a magistrate court’s rulings, was described as procedurally flawed and lacking urgency.
Mhlanga’s legal team had attempted to file the matter as both a review and an appeal, a critical error highlighted by the judge.
Court’s rebuke of legal representatives
In an unusual move, the court ordered that Mhlanga’s attorney and counsel could not recover fees for representing him.
The judge further instructed that any fees already paid be refunded to Mhlanga, stating that he should not bear the financial burden of their incompetence.
“The applicant’s counsel conceded that the applicant should not be left out of pocket as a result of the wrongs of his legal representatives,” Phahlamohlaka sadi.
“I agree that this is a classical case where the legal representatives of the applicant should not be entitled to fees, and if the applicant has paid those fees, the same must be refunded.”
The judge gave a free legal lecture to clear up the procedural misunderstanding.
“The procedure to bring review applications is distinctively different from the appeal procedure,” she said.
“In the appeal, the high court will look at the application and the interpretation of the law to the facts, whereas reviews concern the procedures followed that could have led to failure of justice.”
Lack of urgency
Phahlamohlaka further highlighted how the application burdened the court unnecessarily.
“High courts should not be burdened by unmeritorious matters that are not properly brought before them.”
The court also dismissed claims of urgency, noting that Mhlanga waited more than six months after his bail was revoked to file the application.
Phahlamohlaka said: “The applicant failed to aver in his founding affidavit why he could not be afforded a substantial redress at a hearing in due course.”
Referring to the misuse of urgent court processes, the judge stated: “An urgent court is like a fire extinguisher, and it deals with matters that truly need the urgent attention of the court.”
Mhlanga, who is accused of killing 30-year-old Mashegwana in Moloto village in March 2023, was arrested in February 2024.
He allegedly struck Mashegwana with a gas cylinder and set her home on fire.
Application dismissed
Initially granted bail of R12 000 in April 2024, Mhlanga’s bail was revoked in July after he allegedly violated conditions by threatening witnesses on social media.
His subsequent application for bail on new facts was dismissed in December 2024, prompting his urgent high court application.
Phahlamohlaka concluded: “This is no more than an abuse of the court processes, and the court must register its displeasure.”
The case serves as a warning to legal practitioners about the consequences of procedural errors and improper client advice.
For Mhlanga, the dismissal leaves him in custody while his legal battle continues.
