Capacity: Advocate
Gender: Female
Ethnicity: Black
Date of Birth: March 1968
Qualifications: LLB (2003)(University of Zululand); LLM (2005)(Vritjie University Netherlands); MBA (2011)(Regenesys Business School)
Key Judgments:
- The South African Legal Practice Council v Advocate Malesela Daniel Teffo (10991/21) [2022] ZAGPPHC 666 (16 September 2022)
- ABSA Bank Limited v Tiiesetso William Mokitimi (10255/2015) [2022] ZAGPPHC (25 November 2022)
- Pelaelo Brilliant Phetla v 21st Century Life (Pty) Ltd (44492/19) [2021] ZAGPPHC (29 January 2021)
- Solidarity Trade Union and Others v Minister of Health and Others (61844/21) [2021] ZAGPPHC 1050 (15 June 2022)
Candidate Bio (Updated September 2024):
Johannesburg-born Advocate Thembi P Bokako’s commitment to law started in her days as a law student at the University of Zululand. So respected by her fellow students, Bokako was often asked by those facing disciplinary hearings to represent them before the University of Zululand Disciplinary Committee. The students, moved by her fairness and justice, later advised her to vie for the presidential seat in the Student Representative Council (SRC). She heeded the call and was elected as the first woman SRC President of the University of Zululand.
Advocate Thembi P Bokako has had an interesting career trajectory, starting as an administrative officer in the City of Johannesburg. She worked on complex financial services regulatory law – a testament to her hard work. Advocate Bokako then served her pupillage at the Johannesburg Bar of Advocates in 2003 under the Duma Nokwe Groups of Advocates. This group was formed to assist young advocates from previously disadvantaged backgrounds to help find their way in the advocates’ profession. Bokako practiced as an attorney from 2003 to 2008 and then again from 2013 onwards. Between 2008 and 2013 Bokako served as a state advocate and as executive manager at the Public Protector’s office.
In 2004, she started her own practice, focussing on civil litigation, criminal litigation and financial services matters. It was in this time she met Advocate Ismail SC, who mentored her in matters involving the General Code of Conduct for Financial Services Providers. Because of this work, Advocate Bokako was often briefed on financial regulatory matters by financial services providers and the financial services ombudsman on investigations.
After two years at the Bar, Advocate Thembi P Bokako received a scholarship, on the generosity of Professor Hedrik Jan De Ru, to further her studies at Vritjie University Netherlands, where she completed an LLM in International Business Law. Bokako’s educational credentials further include an LLB at the University of Zululand and a Master in Business Administration (MBA) at Regenesys Business School, through which Bokako is currently studying toward a Doctorate in Business Management Studies.
Bokako has held various stints as acting judge of the Gauteng Division of the High Court from October 2018 onwards. Her colleagues acknowledge her work ethic and attention to detail, as displayed in the South African Legal Practice Council v Teffo. In this case, the LPC brought an application to remove Advocate Maselela Teffo from the legal practitioners’ roll for unprofessional and dishonourable conduct unbefitting an advocate of the High Court. This application followed a series of damning allegations levelled at the questionable conduct of Advocate Teffo. Bokako ordered that the respondent, Advocate Teffo, be struck off the roll.
Teffo was running a practice that sourced clients without the instruction of attorneys. Teffo was interdicted by the High Court from entering the premises of the Provincial Office of the South African Police in Gauteng, after threatening and harassing Brigadier Beukes and Colonel Smit while he was representing an ex-SAPS member in an arbitration matter. So brazen was his conduct that he put a matter that was opposed on the unopposed roll in an attempt to mislead the court and secure a default judgment. The State Attorney’s office upon discovery of his action brought it to the attention of the judge set to preside over the matter. Teffo then went on a rampage to harass, trespass and intimidate the state attorney involved in the matter, which resulted in a complaint being filed against him.
In her judgment, Bokako referenced the importance of legal practitioners and advocates being accountable for clients’ monies by keeping proper accounting records. She went further to assert that legal practitioners should at all times conduct themselves with utmost honesty and integrity. Bokako reminded the legal practitioners that they are all officers of the court:
“Legal practitioners, whether practicing advocates or attorneys, are the officers of the high court. They are admitted by the court which authorizes their enrolment in the practice in which they are qualified, and they owe a special ethical duty to the court. The high court retains the oversight over their conduct and the jurisdiction to pronounce on matters concerning their conduct. To this extent, they practice under the auspice of the high court.”
In Bokako’s April 2023 interview, multiple Commissioners expressed concern over the caliber of Bokako’s legal reasoning in her judgments as Acting Judge. Given the criticisms, it will be interesting to see how Bokako has evolved as a candidate for the High Court and whether the JSC will be convinced by this evolution.
April 2023 Interview:
April 2023 Interview Synopsis:
Advocate Thembi P Bokako’s interview began with praise from Deputy Chief Justice (DCJ) Maya on Bokako’s work ethic and experience. The DCJ then went on to contrast Bokako’s “illustrious CV” and experience with her application form, which the DCJ found disappointing and riddled with typos. The DCJ took further issue with Bokako’s completion of the questionnaire, suggesting that perhaps Bokako had misunderstood the nature of some of the questions.
Judge President Mlambo stressed the importance of recommending candidates who can deal with the workload of the Gauteng Division, inquiring into Bokako’s two reserve judgments that took several months to complete. Bokako explained that this was due to her preference for quality, while the latter of the two reserve judgments was a result of oversight. Mlambo then allowed Bokako to respond to criticism brought forth by the General Council of the Bar of South Africa (GCBSA), alleging poor grammatical workmanship and weak legal reasoning. Bokako said that she had grown and developed in knowledge and skill, improved her research prowess and accepted constructive criticism.
Commissioner Cane later returned to the GCBSA’s criticism, specifically that Bokako’s judgments display the use of incorrect legal tests established by precedent. Commissioner Cane proceeded to direct rapid-fire questions to Bokako regarding various legal tests for interim and final interdicts, the mandament van spolie, Anton Piller orders and applications for eviction. Bokako fielded the questions, albeit with some apprehension.
Concerns over the fastidiousness of Bokako’s judgments and the accuracy of her legal reasoning were echoed in the questions and comments by several other Commissioners. While Bokako considered herself a candidate of improvement, Commissioner Malema suggested that it may be best for Bokako to benefit from more acting stints before she is seriously considered for appointment.
Advocate Thembi P Bokako’s interview was unsuccessful.
