Parolee in custody for posing as attorney

Motse has been practicing without legal registration

A man arrested for  practicing as a lawyer for years has been unmasked as a murder parolee who forged his credentials to represent clients in civil and criminal matters.

Sowetan can reveal that Teboho Motse, who has appeared before different magistrates in the North West, was in 2009 sentenced for the murder he committed in Alice, Eastern Cape. 

Singabakho Nxumalo, spokesperson for the department of correctional services, confirmed Motse was out on parole but declined to say when he was released.

A spokesperson for the North West police, Brig Sabata Mokgwabone, said Motse committed the murder in 2004.

Motse, 41, appeared in court on Thursday for a bail application and his matter was postponed after his lawyer failed to pitch up.

He was arrested two weeks ago in Tlhabane.

National Prosecuting Authority spokesperson in North West, Sive Gunye, said Motse faces charges of uttering, forgery and contravention of the Legal Practice Act.

“It is alleged that Motse deceived the justice and constitutional development department by presenting himself as an attorney and appeared at various courts in Bafokeng magistrate's court in Tlhabane where he represented various clients in civil and criminal matters.

He allegedly did this knowingly that he is not an admitted attorney. It was discovered that Motse uttered his certificate of admission as an attorneySive Gunye-NPA 

“He allegedly did this knowingly that he is not an admitted attorney. It was discovered that Motse uttered his certificate of admission as an attorney,” he said.

In October 2023, the high court in North West set aside cases that Motse had acted on as a lawyer.

This was after it was discovered that there had been “gross irregularity” in the proceedings of those cases because Motse was not an admitted attorney when he represented the accused in those matters.

One of those cases was a domestic violence matter.

Acting judge Andre Petersen said: “In my view, the status of the interim protection order [in the domestic violence case] should remain extant, but the further proceedings in which Mr Motse appeared are tainted and stand to be reviewed and set aside,” he said in his judgment.

“A decision whether to re-instate prosecution in the criminal trial is left to the discretion of the director of public prosecutions, North West. Should prosecution be re-instated, the trial is to be conducted before a different presiding officer.”

Motse was found to have been an unregistered legal practitioner after the chief magistrate at the Bafokeng court issued directives in December 2022 that all legal representatives appearing in court submit their certificate of admission as attorney or advocate, right of appearance as well as the Fidelity Fund certificate.

They were to be submitted to the senior magistrate, CG Becker.

After Motse submitted those documents, another legal practitioner approached Becker and inquired whether they follow up with the Legal Practice Council (LPC) to check one's admission.

The lawyer told Becker that Motse was not an admitted attorney.

Becker then accessed the LPC’s website and could not find Motse's credentials under the list of legal practitioners.

He then contacted the LPC who confirmed that Motse was not an admitted attorney nor registered with them.

A criminal case was opened and Becker approached the high court, asking that the cases that Motse had represented be sent for review.

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