Axed UniZulu employee takes attorney misconduct battle to ConCourt

Former University of Zululand employee Ndabenhle Zulu is taking his ongoing legal battle against attorney Joanne Philip to the Constitutional Court of South Africa. Zulu claims that Philip, the legal representative for the institution in his disciplinary proceedings, engaged in unprofessional conduct and unethical practices. Zulu filed a founding affidavit in the Constitutional Court seeking relief, disputing a decision by the KwaZulu-Natal High Court in Durban which dismissed his application against Philip and the Legal Practice Council (LPC).

The former official argues that the high court's ruling effectively closed the door on considering the allegations against Philip on their merits. Zulu disputes the court's interpretation of the Legal Practice Act, specifically Section 44, which he believes preserves the high court's power to hear complaints about legal practitioners' conduct.

He points out that the court incorrectly applied Directive 24 of the Practice Manual and that he had not exhausted the LPC's internal processes before approaching the high court. Zulu lodged his complaint with the LPC on 23 September 2023, and the council referred it to Philip for a response before its investigating committee could consider it.

The committee dismissed the complaint on 22 April 2024 and informed Zulu that he could appeal the decision within 30 days. Zulu argues that the LPC's handling of his complaint was procedurally flawed and that he had already sought to approach the high court after becoming dissatisfied with the council's handling of his complaint.

Philip stated that she respects the judgments of all courts that have considered this matter and found it to be without merit, dismissing Zulu's allegations with costs.