Advocate Johan Brand SC has maintained that High Court Judge Mandlenkosi Motha’s instruction that legal counsel in a case before him must file heads of argument regarding the lack of diversity in their team had nothing whatsoever to do with the merits of the case.

A Cape Times report notes Motha cited potential violations of the Constitution, which addresses the need to correct past inequalities, as his concern.

He then ordered the legal team to submit heads of argument to him regarding the matter.

However Brand, one of the senior advocates appearing in the matter, sparked controversy when he refused to adhere to the judge’s instruction.

Instead, he wrote a memorandum on why four white advocates were justified, charging that Motha’s remarks in his view were ‘inappropriate’.

Aggrieved by this, Professionals Unity of SA lodged a complaint with the Legal Practice Council (LPC) concerning Brand not adhering to the judge’s request.

Brand has now revealed he had submitted a document to the LPC wherein he set out his view but would reserve further comments, ‘as the whole saga is sub judice’.

‘However, my junior colleague and I stand by the contents of our memo and are comfortable that the contents are correct in law and in fact,’ said Brand.

Full Cape Times report