The Legal Practice Council (LPC) has confirmed it is investigating Western Cape Judge President John Hlophe's attorney, Barnabas Xulu, for misconduct following a scathing contempt of court ruling given against him. 

LPC spokesperson Sthembiso Mnisi reportedly told News24 the body's investigating committee had recommended the judgment given against Xulu by Acting Judge Mas-Udah Pangarker, as well as a separate complaint levelled against him by Judge Owen Rogers, must be referred to a disciplinary committee. 

This after the investigating committee was satisfied that Xulu ‘on the basis of available prima facie evidence, is guilty of misconduct which, on account of the nature of conduct, warrants misconduct proceedings’.

‘We are now in a process of establishing the disciplinary committee,’ Mnisi said. 

Legal writer Karyn Maughan notes Xulu recently turned to Hlophe, who is himself facing impeachment for trying to sway two Constitutional Court justices to rule in favour of then-ANC president Jacob Zuma, in an extraordinary bid to appeal Pangarker's contempt ruling against him.

He did so by seeking to petition Hlophe for the right to challenge Pangarker's decision after she dismissed his application to appeal her judgment.

She found Xulu had defied multiple court orders linked to his legal fees battle with the Department of Environment, Forestry & Fisheries.

Xulu has lost every one of the cases he lodged against the department after Rogers found in January 2020 that the service level agreement and subsequent R20m legal fees settlement agreement between Xulu's BXI law firm and the department were both unlawful.

Rogers ordered Xulu's firm to pay back the R20m and ruled the attorney must also be called upon to explain why he should not be held personally liable for that money.

That case is currently being decided by Eastern Cape Judge Phillip Zilwa. 

Xulu had previously sought Rogers' recusal from the case, largely because of the relatively minor role he had played in Western Cape Deputy Judge President Patricia Goliath's misconduct complaint against Hlophe.

In his application for Rogers' recusal, notes News24, Xulu suggested, without producing any evidence, that Goliath might have discussed concerns she had about his firm's settlement with the department with Rogers, a discussion he said could reasonably reinforce a perception that Rogers was biased.

Rogers has strongly denied any such discussion took place.

Rogers complained about these allegations as well as Xulu's other attacks on his integrity to the LPC. 

In a statement that has been supported by several other judges, Rogers contended Xulu should be investigated for committing ‘conduct bringing the legal profession into disrepute’, ‘abusing court processes to gratuitously disparage, defame and use invective against myself and other judges, and to make reckless and unsubstantiated allegations’ and ‘failing to treat judicial officers with civility and respect’.

In response, Xulu laid a gross judicial misconduct complaint against Rogers and 10 other judges with the JSC, in which he argued the LPC complaint lodged against him was a well-orchestrated effort that ‘strikes at the independence and impartiality of the courts’.

The JSC has yet to make a decision about whether to pursue that complaint.

Full News24 report