Limpopo High Court rules on urgency as lawyer seeks declaratory order against Media24

A lawyer took News24 to court.

• Kevin Maluleke brought an urgent application seeking to remove an article published on News24.
• He was struck off the roll of advocates last month.
• Maluleke indicated he would appeal against the ruling.

An application by Limpopo lawyer Kevin Maluleke for a declaratory order against Media24 was struck off the roll for lack of urgency in the  Polokwane High Court in Thohoyandou on Tuesday. 

Maluleke brought the urgent application seeking that an article published in Media 24’s subsidiary, News24, about a court order striking him off the roll of advocates, be removed from its website. 

On 17 January 2023, two judges – Natvarlal Ranchod and Brian Mashile – issued the order in the Polokwane High Court following an application by the province’s bar, the Limpopo Society of Advocates.

An affidavit by the Legal Practice Council in support of the application detailed the apparent misconduct by Maluleke, ranging from his suspicious admission as an advocate to unfounded allegations he made against some judges.

In that case, Maluleke’s bid to approach the court on an urgent basis was also denied, court documents indicated.

READ | The people rise up: Top lawyers, politicians take aim at govt, Eskom as load shedding crisis deepens

When approached for comment, Maluleke said it was based on a law that had been repealed. He said he intended to appeal.

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.

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.