Caswell
Tlali MASERU —
Court messengers have resolved to boycott a local lawyer after he allegedly
encouraged one of his clients to “shoot” two messengers who were about to
execute a court order.
In a
scathing letter dated January 31, 2012 that was addressed to Advocate Koili
Ndebele the messengers’ committee described the lawyer as a “menace” to
officers of the court.
The
committee said it had resolved with immediate effect to institute a “boycott on
your (Ndebele) processes for you are a menace to officers of court particularly
when execution is against your clients”.
The
boycott means Ndebele, who was jailed briefly last year for contempt of court,
will have to hire his own messengers to deliver summonses, subpoenas and other
crucial documents to people his clients are suing.
The
messengers alleged that Ndebele disobeyed the court when two messengers, David
Ntobo and Puo Mojakisane, were executing judgment against brothers Mokherane
Tsatsanyane and Moorosi Tsatsanyane last month.
“The
above committee is informed of your disobedience of the court order delivered
to your office by Mr David Ntobo accompanied by Mr Puo Mojakisane, who are both
messengers of this honourable court,” the letter said.
The
messengers alleged that Ndebele refused to accept the copy of a court order.
They also alleged that Ndebele telephoned his clients to
come to the place where execution was taking place with their “firearm ready to
shoot whoever would be found in execution at those premises”.
“It
seemed at a later stage and upon arrival of your client, the property so
executed and already on board of the bakkie was unloaded by your client and
taken back to where it was stored,” the letter said.
“It is
for these reasons that the committee finds it apt and suitable that with
immediate effect (it) institutes boycott on your processes,” the letter said.
The
letter was copied to the chairman of the board Justice Tšeliso Monapathi, Chief
Magistrate Molefi Makara, magistrates, senior clerk of court and secretary of
the Law Office.
Ndebele
has however rejected the messengers’ allegations as untrue.
He said
these allegations had been proven to be untrue during a conciliatory meeting
between him and the messengers committee on Friday.
The
meeting was chaired by magistrate ’Mampho Mokoena.
Ndebele
alleged that the messengers had apologised over the assertions in the letter
but went on to raise new complaints against him
“I have
written a formal apology for the new complaints they raised, which all along I
was not aware of.
“We
resolved this matter amicably and they have agreed to write their apology
concerning the contents of the letter,” Ndebele said.
Efforts to contact the messengers committee to ascertain the claim were
not successful.