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By Loyiso Sidimba 
4h ago
Cape Town – Barnabas Xulu, lawyer for Western Cape Chief Justice John Hlophe, and his law firm have lost their attempt to overturn the high court order requiring them to return more than 20.2 million rand.
Xulu and Barnabas Xulu and Partners Incorporated (BXI) had asked Western Cape Superior Court Judge Owen Rogers for permission to appeal against his ruling delivered earlier this year, ordering the return of the 20.2 million rand in legal fees paid. by the Department of Agriculture, Forestry and Fisheries. for representing him despite having hired Emang Basadi Legal and Forensic Services, which was forced to work with BXI.
The 20.2 million rand were part of the funds held in the department’s accounts with Standard Bank and FNB attached by the sheriff.
Judge Rogers denied Xulu and BXI’s request for permission to appeal with costs on Thursday.
Xulu has argued that the judge was wrong in ordering BXI to reimburse the R20.2m at the end of April this year and that he did not exercise his discretion by not instead ordering BXI’s cost invoices to be taxed to allow the court make a fair payment. and equitable order.
He argued that Judge Rogers should not have accepted the version of the department director general, Mike Mlengana, that his signature on the service level agreement had been obtained fraudulently, as it was only raised for the first time in response and that it was contrary to objective facts.
Xulu also argued that Mlengana’s version was contrary to that of the department’s former deputy director general for fisheries management, Siphokazi Ndudane, who is the head of the Eastern Cape department for rural development and land reform.
Xulu also claimed that Judge Rogers was wrong to hold the agreement between his law firm and the department invalid and to review and void it.
She wanted the judge not to reject Ndudane’s version that she duly authorized the deal.
In response to Xulu’s attacks, Judge Rogers said his personal preference was irrelevant and the question to be determined was whether the appeal would have a reasonable prospect of success.
“I would appreciate the opportunity for an appeals court to evaluate the matter on appeal,” he said.
Judge Rogers has previously heard evidence that former agriculture, forestry and fisheries minister Senzeni Zokwana promoted the appointment of BXI and had already given him a mandate.
Political Bureau
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