JOHANNESBURG - Politicsweb has confirmed that controversial ex-lawyer Paul Ngobeni, currently a special advisor to the Minister of Defence and Military Veterans, is no longer a member of the Massachusetts Bar. This contradicts an assurance made by Minister Lindiwe Sisulu in a letter to Democratic Alliance parliamentary leader, Athol Trollip, on February 15 2010.
In her letter, written in reply to a DA complaint about Ngobeni's appointment, Sisulu stated: "Dr Ngobeni is still a member of the bar in Massachusetts. A simple investigation will reveal this. In early 2008 the Bar Counsel submitted a motion to a single justice of the Massachusetts highest court seeking disbarment based on his Connecticut voluntary resignation. The court (Greaney J.) refused to grant the request and expressly noted that the Connecticut court's jurisdiction was disputed, no wrongdoing was established and no disbarment ordered."
A simple search has revealed this claim to be false. According to his "attorney status report" on the website of the Massachusetts Board of Bar Overseers of the Supreme Judicial Court Ngobeni's current status is "Resigned" (see image below). The site states that his "Disciplinary Resignation from the Bar" took effect on April 16 2009.
Assistant Bar Counsel Nancy E. Kaufman of the Office of the Bar Counsel of Massachusetts confirmed to Politicsweb that Ngobeni was no longer a member of the state bar. He would not be allowed to petition for re-admission for eight years after his removal took effect. The period in which Ngobeni could file an appeal had also lapsed.
The Supreme Judicial Court of Massachusetts had ruled on February 13 2009 that since Ngobeni had resigned from the Connecticut Bar, while facing serious charges of misconduct, reciprocal discipline could be imposed by the Massachusetts Bar. The court ordered that the case be remanded back to Justice Greaney, "for further proceedings consistent with this opinion" and an order was entered on April 16 last year effecting Ngobeni's forced resignation.
Ngobeni had originally resigned from the Connecticut Bar on November 29 2007 under a rule by which lawyers facing disciplinary action can resign without admitting misconduct on condition that they "waive the privilege of applying for readmission to the bar at any future time" (see here - PDF).
In her letter to Trollip, and in a briefing to journalists on March 12, Sisulu also denied that Ngobeni was a fugitive from justice in the state of Connecticut. In his response Trollip pointed out that "on March 28, 2008, a warrant for the arrest of Mr Ngobeni was issued by a Connecticut court after he failed to report for a court hearing. Communications Officer for the Division of Criminal Justice in the State of Connecticut, Mark A. Dupuis, confirmed the following in writing on 12 March 2010: ‘Mr. Ngobeni is charged with four separate counts of Larceny and one count of Illegal Practice of Law. The present status of the case is ‘Rearrest Ordered', and he is considered a fugitive from justice by the State of Connecticut'."
Sisulu told Trollip that "Dr Ngobeni is a brilliant legal brain and I have no reason to question his integrity. I appointed him as a legal advisor based on his knowledge and ability to understand and advise me on the legal challenges facing the Department of Defence." She added however that she would consider any information "contrary to the factual assertions" detailed in her letter.
Source: http://massbbo.org/bbolookup.php
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