Former Law Society of Botswana (LSB) Chairman Tebogo Sebego is challenging the decision of the society’s Disciplinary Committee where he was found guilty of misconduct and fined P7, 500.
Sebego applied to challenge the decision of the committee of the 24th March 2015 where he was found guilty of professional misconduct in terms of regulation 42.1.13 of the Regulations made in terms of the Legal Practitioners’ Act [CAP 61:01].
The first respondent is Abdoola Rahim Khan, Chairman of LSB Disciplinary Committee while the second respondent is the LSB.
Sebego’s application argues that the procedure adopted by the Disciplinary Committee was unfair and has disregarded the rules of natural justice. It also states that the Disciplinary Committee failed to follow its own procedure as outlined in the Legal Practitioners’ Act [CAP 61:01].
“It is unreasonable and/or irrational insofar as it is unsupported by evidence according to the application. The 1st and 2nd respondents should not pay the costs of this Application,” read the application.
While still practicing as an attorney in August 2007 and a partner at the law firm of Sebego Sharma Attorneys & Co, which no longer exists, Agnes Duduzile Brook and her husband engaged him to represent them against an application from Kikufu Company. Sebego was said to have been paid P20, 000 for his services, which they believe he has not accounted for.
The couple also insists that the additional P8, 500 that Sebego charged them for court appearances was unjustified as he never appeared in court. The couple also told the committee that Sebego slapped them with a notice of taxation and bill of costs for over P30, 000 on June 3rd 2009. The couple insisted that Sebego’s actions were tantamount to fraud as he did not appear in court. They added that his actions were fraudulent, malicious and intended to harm their prospects of winning the case. In its findings, the disciplinary committee of LSB said Sebego did not address this particular allegation in his affidavit and failed to explain exactly how the P24, 000 was apportioned.
The LSB Disciplinary Committee found Sebego guilty of professional misconduct and fined him P7, 500. After considerations and investigations by the Disciplinary Committee, the LSB found Sebego wrong of charging his clients for court appearances when he had failed to show up in court.