An application by Limpopo lawyer Kevin Maluleke for a declaratory order against Media24 has been struck off the roll for lack of urgency in the Limpopo High Court (Polokwane).

Maluleke brought the urgent application seeking that an article published in Media24's subsidiary, News24, about a court order striking him off the roll of advocates, be removed from its website.

On 17 January 2023, Judges Natvarlal Ranchod and Brian Mashile issued the order following an application by the province's Bar, the Limpopo Society of Advocates. 

Maluleke rubbished the decision as 'a joke' and said he intended to appeal.

An affidavit by the Legal Practice Council in support of the application detailed the apparent misconduct by Maluleke.

As previously reported, the society listed a chronology of events, which dated back to 2005, when Maluleke first entered into a contract with a firm of attorneys for articles of clerkship. He terminated the contract before moving to another law firm in January 2006.  

In August that year, his principal at the law firm initiated disciplinary proceedings against him for theft and intimidation.

He was eventually dismissed.

Maluleke then tried to enter into a third contract of articles of clerkship with another law firm in June 2007. However, during the screening process, it was found that he was ‘not a fit and proper person to enter the profession’. 

The Law Society of the Northern Provinces then initiated disciplinary proceedings against him on the basis of his history, and he was found guilty of the charges against him in August 2007.

On Tuesday, after hearing oral submissions by Maluleke, who represented himself in his bid to seek a declaratory order against Media24 and lawyers of the respondents, Judge Francis Kganyago struck the matter off the roll for lack of urgency.

News24 notes that Kganyago said ‘the proverbial horse has bolted’ as the article had already been published.

He also said Maluleke was ‘not malicious in bringing the application’.

There was no cost order made.

Full News24 report