Disbarment battle: Suspended Malalane attorney wins round in high court
Although the court ordered on April 29 that the hearing be set down for today (August 11), it also stated that a Form B had to be signed and filed at the registrar's office by May 12. The order stipulated that all issues had to be attended to before the hearing date as per Form B, Lowvelder reports.
Form B is a prescribed document used as part of the judicial case management process, particularly under the practice directives that apply in various divisions of the high court. It serves to certify that the parties in a civil matter have complied with the court's requirements under case management rules and indicate that the matter is ready for trial.
When the unopposed court roll was circulated on Monday, August 4, the LPC's case against Janse van Rensburg was not listed.
Janse van Rensburg questions 'irregularities'
In an email on August 5, Janse van Rensburg wrote to Thembeka Ratshibvumo, the LPC's legal representative. She said: This is a matter of grave concern. The matter is not on the roll and thus will not legitimately appear before court on 11 August 2025. I emphasise that you are dominus litis in this matter. It is not my prerogative to advise you of any irregularities.'
Dominus litis is a Latin term meaning 'master of the suit' or 'owner of the lawsuit'.
In a follow-up email, Janse van Rensburg expressed that enrolment can be an irregular process as per rules 30 and 30A and said there had been no compliance with the case management order. These rules relate to the handling of procedural irregularities or non-compliance with the rules in litigation before the high court.
The case was, however, enrolled on a separate unopposed case roll sent out on Wednesday, August 6.
Janse van Rensburg emailed the court before 08:00 today and informed them of her intention to deal with the judicial management order that was not complied with, as well as a supplementary affidavit she received on August 6. 'In my humble opinion, this matter is not court-ready.'
The court informed her that the case would continue.
Judge presses LPC on case directives
Today's hearing was presided over by Mpumalanga Judge President Segopotje Sheila Mphahlele and Acting Judge Beauty Madavha. Janse van Rensburg represented herself.
Mphahlele started proceedings by dealing with the previous court order and asked whether the order had been adhered to. Ratshibvumo addressed the court and said the LPC had written a letter to Janse van Rensburg on May 6 to engage on the matter, which was followed up with a letter to the office of the judge president, in which the LPC stated that Janse van Rensburg was not replying.
'Listen to what I'm saying. You requested her to sign Form B. The parties were directed to complete Form B. Our practice directive was to advise on what to do if there was no co-operation,' Mphahlele said.
To this, Ratshibvumo said she accepted the judge's remarks and recommended that the matter be removed from the roll and re-enrolled on a later date.
Janse van Rensburg agreed to the proposal and to comply with the Form B procedure.
During the proceedings, Mphahlele asked Janse van Rensburg if she was going to apologise for not replying to the LPC's letter. 'I apologise, my lady. I also want to thank you for restoring discipline in this court.'
Mphahlele ordered that the matter be removed from the roll, and it will now be heard on October 27, on condition that a duly signed Form B is filed by no later than September 30.
The LPC and Janse van Rensburg agreed that she would submit all her court documents by Friday.
Breaking news at your fingertips… Follow Caxton Network News on Facebook and join our WhatsApp channel.
Nuus wat saakmaak. Volg Caxton Netwerk-nuus op Facebook en sluit aan by ons WhatsApp-kanaal.
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