Capacity: Advocate
Admission: September 2012
Gender: Female
Date of Birth: November 1965
Qualifications: B.Juris, LLB (Vista University)
Key Judgements:
- Nel v Minister of Police (804/2017) [2021] ZANWHC (26 November 2021).
- Kgetlengrivier, Concerned Citizens v Kgetlengrivier Local Municipality and Others (UM271/2020; UM69/2021; UM79/2021) [2021] ZANWHC (7 June 2021).
- Maoba v MFM Motors Spares (Pty) Ltd (2453/2019) [2020] ZANWHC (22 October 2020).
- Centurion Academy (Pty) Ltd v Quiver Training Academy (Pty) Ltd (M247/19) [2020] ZANWHC (31 August 2020).
- Mafilika v State (CA14/2019) [2022] ZANWHC (10 June 2022).
Candidate Bio:
Advocate Mahlangu was born in Kwa-Litho in the Waterberg region, in Limpopo. She graduated from the then Vista University, where she obtained her B.Juris degree and LLB, respectively, in 1997 and 2000.
Advocated Mahlangu started her legal career in 1999, as a public prosecutor at the Nigel Magistrate Court. In 2000, she was transferred to Garankuwa Magistrates Court, and appointed as the State Advocate in the Asset Forfeiture Unit. She was promoted to Senior State Advocate in October 2006.
Mahlangu played a critical role in establishing the Asset Forfeiture Unit in Mahikeng, And was later moved to the Bloemfontein and Kimberly office as Acting Deputy Director of Public Prosecutions. In this capacity, she interacted with the public through her weekly slot on Ikwekwezi FM, where she would educate and update the public as to the role of unit.
She eventually left the prosecuting authority, to train at the Johannesburg Bar, where she was admitted as an advocate and practiced at the Johannesburg Bar Council, the Polokwane Society of Advocates and the North West Bar.
In 2013, Advocate Mahlangu appeared on behalf of the National Prosecuting Authority in Nkomo v DPP and Others, where Mr Nkomo was arrested on charges of armed robbery to the tune of R3,6 million at Monte Casino. Mr Nkomo was released on bail and fled to Zimbabwe together with his co-accused. They returned in 2006 and 2007 and were subsequently re-arrested. Mr Nkomo launched an application to permanently stay the prosecution and a declaratory order that the delay in the trial violated his rights in terms of section 35(3)(d) of the Constitution. The court dismissed the application and held that the prosecuting authority could not be blamed for the delays caused by the applicants.
Advocate Mahlangu has been acting at the North West Division of the High Court for five terms, from 2020 – 2022. In this time, she penned Nel v Minister of Police, where Eugene Nel was arrested on charges of assault, crimen injuria and interfering with the police in executing their duties. Mr Nel, after his arrest, instituted an action against the defendant for assault, unlawful arrest and instigation of malicious prosecution, which amounted to a wrongful infringement of his constitutional rights. Mr Nel witnessed Mr Mosewu bump the van of Mr Kotze in a shopping centre parking lot. The police arrived at the scene, conducted a preliminary investigation, and took statements. Whilst the police officers were performing their duties, Mr Nel approached the police officer and accused them of not doing their work correctly, and started hurling insults at them. The police officers tried to stop Mr Nel from interfering with their lawful duties and effected an arrest, which he resisted.
The court, in its assessment of the evidence led by Mr Nel, held that his argument was unconvincing. And that the evidence led by his witness, Mr Kotze, was conflicting.
Advocate Mahangu held that if Mr Nel was assaulted by the police and had photographs to attest to this, why didn’t his attorney enquire about these injuries and advise him to lay a charge against the police. The court held that Mr Nel was not assaulted when he was arrested and that the arrest was lawful.
The General Council of the Bar in its submitted review of Advocate Mahlangu criticized her for how she handles matter in court and her lack of understanding of constitutional law:
“There are concerns as it relates to the candidate’s knowledge and application of constitutional law and claims against the Minister of Police, especially when considering awards for unlawful arrest made by the candidate. The candidate is criticised for not considering the constitutional rights of the plaintiffs in unlawful arrest matters that have sat before her when assessing an appropriate award. In this regard, the concerns noted in the interview of the candidate in October 2022 are still present.”
This might be a question that will be taken up during her second JSC’s interview in as many rounds.
April 2023 Interview
Adv Msongelwa Eulenda Mahlangu’s interview for a position on the North West Division of the High Court was unsuccessful.
October 2022 Interview:
October 2022 JSC Interview of Ms Msongelwa Eulenda Mahlangu for a position on the North West Division of the High Court. Ms Mahlangu’s application was unsuccessful.
