30/04/2026
Indeed, We have come a long way in this legal profession.
CASE, AFRICAN DEVELOPMENT BANK V TN 2019 (2) SA 437
However let me give credit where it is due first.
I was so proud to see my colleague at the civil motion bench at Pretoria Magistrate court, in action, last week doing very well.
She ran her court roll like how the High Court roll would. Attorneys and Advocates appeared and she did not get shaken by any arguments that lacked substance.
Indeed, she will make a great Judge one day.
My Message to the Future Candidate Legal Practitioners.
As I would always say to my then Candidate Practioners who are now full Legal Practioners.
" We are actually the same level, only experience separates us." I would be sending them to court to do matters.
Then the Candidate would normally say Mr Mokou I cannot do this. I would then take them through what is to happen in court.
They would go to court shaking and when they come back they would be relieved that they handled it well.
Another one of my famous quotes to them was that:
"You must not doubt your instinct on the legal path or legal advise you have chosen for your client as you are the one to carry it through until the end, to make sure client case is successful."
I would allocate them some files they opened for them to make it real successes and see how it is done.
One of the Important Reported cases, African Development Bank v TN 2019 (2) SA 437.
This matter was initially handled by a Candidate Legal Practioners in Pretoria. She came to me about the enforcement of a matter in Maintenance court.
Her client was a female with maintenance order against her male partner, who was employed at African Development Bank, who did not want to pay the maintenance citing immunity as both parties are from another country in Africa, deployed by the embassy or country to work for ADB.
On the first hearing she was against a qualified Attorney and a Counsel or Advocate to argue the male or Respondents case. The Candidate tried to rally all the senior Attorneys to accompany her to court I told her she must go experience it.
I advised Candidate to check the employment contract and she did she couldn't find anything. I asked her to give me her file and looked at the contract I found a loophole within 2 minutes.
Told her to draft her argument on it only. She managed to draft her two page argument, although worried that I did not give her more than she needed, however she was still shaken that she was going to face all those barging Attorneys and Advocates by herself.
The Attorneys for ADB tried to deflect saying the the immunity extends to private matters as the person is deployed by his country therefore is immune,in their heads of argument.
When she went before Magistrate Ungrer on second occasion the Attorney came with Three Advocates to argue against her, they lost again to convince her.
They were given a chance to get further instructions from the Bank as they were briefed by it not the partner.
They lost the matter, the Candidate was grateful for that experience as I told her she had to go through it. I left in 2017 for Witbank when she told me the bank were to Appeal the matter.
I met the now fully qualified Attorney in the Labour Court in 2019, I was shocked as she told the senior counsel she was against in court in a Matter, that I am the one who made her have the confidence to not fear any legal matter where she decides to take with merits.
If not mistaken it was used on erstwhile former Zim president wife matter of assault as they tried to claim immunity as well.
As I said the only thing separating us between Candidates and Attorneys is experience.
However the right Guidance would make one a great Warrior in the Legal Field.
I cannot mention all in this post, but I am proud of all the colleagues, you had all made an impact on me.
I continue to march on to create new precedence everyday.
So contact us on 076 1066 788 and
083 966 2315 John Mokou of
Mokou Attorneys.
[email protected]