A corporate lawyer is being investigated by the Legal Practice Council (LPC) and the police for allegedly falsifying a labour court judgment.
Mzomhle Tshaka, a legal investment principal, is accused of fabricating the judgment, purportedly issued by judge Robert Lagrange, in a dispute involving a former Astron Energy employee dismissed over the misuse of a bursary payment to study at the University of Cape Town (UCT).
An investigation by the Office of the Chief Justice (OCJ) found the judgment and a related leave to appeal application to be fake. Thembile Mabhaso, the former employee who sought Tshaka's assistance to challenge his dismissal, reported him after the alleged fabrication was exposed.
Mabhaso, who had worked for Astron Energy since 2012, was dismissed in January 2020 after a disciplinary hearing. The company accused him of “misappropriation or unauthorised use of company funds” after he received a bursary for an MSc in project management from UCT.
The funds were deposited into his overdrawn account, leaving an outstanding amount, which he undertook to repay.
“This was supposed to be deposited directly to the university by the company, as per the company bursary agreement that I signed. I was surprised when this was deposited to my account without my knowledge or amendment of the policy that I had signed. The company violated its own policy and yet dismissed me,” claimed Mabhaso.
Mabhaso appealed his dismissal, but the ruling was upheld in May 2020. Instead of filing a review application within the required six weeks, he lodged it three years later, blaming Tshaka for misleading him with a fake judgment. However, the labour court ruled against Mabhaso and he lost his R83,500 a month job as an operating standards specialist.
Mabhaso lodged an application for leave to appeal, which is still pending.
This week, police confirmed they were investigating a fraud case. Spokesperson W/O Joseph Swartbooi said the “circumstances surrounding this incident are now under investigation”.
“The complainant in the matter registered a criminal case on February 25 2025 with Cape Town central police for further investigation,” said Swartbooi.
“According to reports, the complainant appealed a decision and learnt that the documentation received was fraudulent.”
The OCJ told TimesLIVE Premium that Mabhaso “approached the Western Cape High Court to report a suspected fraudulent court order.
Mr Mabhaso was assisted by court officials and subsequently informed that the court order was indeed fraudulent, and the case number attached to it referred to another matter altogether. He was then informed that his remedy is to lay a complaint with the South African Police Service
— Office of the Chief Justice
“The OCJ has procedures in place that make provision for the reporting of any alleged incidents of fraudulent court orders in the superior courts. These include lodging cases with the South African Police Service for investigation.
“In respect of all alleged incidents of fraud and corruption, including fraudulent court orders, the OCJ’s forensic unit is responsible for the monitoring thereof and investigations. As such, this incident was investigated by the OCJ’s forensic unit, following which a report was furnished to the Western Cape High Court.
“Mr Mabhaso was assisted by court officials and subsequently informed that the court order was indeed fraudulent, and the case number attached to it referred to another matter altogether. He was then informed that his remedy is to lay a complaint with the South African Police Service.”
LPC spokesperson Kabelo Letebele confirmed they were investigating Mabhaso’s complaint.
“The LPC confirms that this matter will soon be scheduled for a hearing and both the complainant and legal practitioner concerned will be advised accordingly,” said Letebele.
“The LPC receives between 50 to 100 complaints a day and while we endeavour to finalise matters within three to six months, it is not always possible. However, the complainant can be assured that the matter is going through our processes and is being fully investigated, as per our communication at the end of November.”
Letebele said the LPC was inundated with complaints against lawyers.
“In 2024, in excess of 150 legal practitioners were suspended or struck off, following the LPC’s intervention and during this period over 10,000 complaints were looked into and finalised,” said Letebele.
Tshaka declined to comment other than to say, “I assume the complainant you’re referring to is Mr Thembile Mabhaso. I make that assumption because he has lodged a complaint with the Legal Practice Council, which is still pending,” said Tshaka.
“With a criminal case now being opened (as you say) I am sure you will understand when I do not respond to the merits. When the pending matters are finalised, I would be more than willing to respond to the allegations.”
On his LinkedIn profile, Tshaka describes himself as a “trained and experienced attorney specialising in all aspects of corporate finance, M&A, energy and petroleum”.
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