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Adv Lesibana Gemine Philemon Ledwaba

Capacity: Advocate
First admitted as an advocate: 11 June 2017
Gender: Male
Ethnicity: Black
Date of Birth: January 1961
Qualifications: B.Proc (Limpopo); LLB LLM (Pretoria) LLM (Unisa)

Key judgments:

Candidate Biography

Advocate Ledwaba has a rich and varied legal career, which has mainly focused on Constitutional Law and Labour Law. He started out as an administrative clerk at the Department of Justice, in both the civil and criminal courts.  Ledwaba moved through the ranks and became the clerk of the court, an interpreter and later a prosecutor.

He resigned from the Justice Department to pursue his legal studies at the University of Limpopo, where he obtained his first degree (B.Proc). He later got admitted as an attorney and practiced as such for more than a decade, before becoming an advocate in 2008.

Ledwaba has presided as a part-time commissioner in the Small Claims Court, the Commission for Conciliation, Mediation and Arbitration (CCMA), and at the Bargaining Councils. As a CCMA and bargaining councils commissioner he facilitated conciliations, mediations and presided over arbitrations in labour disputes.

He is occasionally appointed as a pro-forma prosecutor in terms of section 31(2)(c) of the Property Valuers Profession Act in the prosecution of registered members of the South African Council for the Property Valuers Profession (Council) for ethical violations. This role entails drawing up charge sheets, leading witnesses on behalf of the Council, and cross-examining property professionals accused of misconduct.

Ledwaba has also been appointed by the Department of Labour as a Presiding Officer, in terms of section 4(2)(a) of the Compensation for Occupational Injuries and Diseases Act 130 of 1993 (COIDA). This role entails presiding over compensation claims resulting from injuries, diseases, or death in the workplace.

Ledwaba has acted as a judge in the Limpopo and North Gauteng Divisions of the High Court for a total of 49 weeks since 2019. During these acting stints Ledwaba has sat in both the criminal and civil court. In the criminal court he dealt with appeals, bail petitions and automatic reviews. In the civil court, he sat in the motion court (opposed and unopposed) and also dealt with civil trials, urgent court applications and appeals.

During his acting stint in the Limpopo High Court, Ledwaba presided over case like Sindane v Minister of Police, where the issue of vicarious liability against the Minister of Police had to be considered. On 14 March 2013 Mr Sindane, the plaintiff, was arrested based on rape allegations. He was assaulted while in police custody. He was granted bail on 12 April 2013. During his detention he applied for bail and the bail application was postponed on three occasions. As a result, Sindane was detained for almost one month without his bail hearing taking place, due to the unavailability of the prosecuting officer. On 4 February 2014, the rape charges against Sindane were withdrawn as the prosecutor declined to prosecute. Sindane’s lodged a dispute claiming that his detention was unlawful. Ledwaba found that on a balance of probabilities, the detention of Sindane beyond the first court appearance was indeed unlawful.

The sixty-one-year-old Ledwaba holds a B.Proc degree from the University of Limpopo, and a LLB degree from the University of Pretoria. He also holds two LLM degrees, one from the University of Pretoria (with a dissertation in Human Rights) and another from the University of South Africa (with a dissertation in Labour Law).

April 2022 Interview