THE recent High Court decision to strike Advocate Dyke Thejane off the roll of legal practitioners marks a significant moment for the legal profession in Lesotho.
While the outcome is undeniably tragic for the young lawyer, it also underscores the Law Society of Lesotho’s (LSL) unwavering commitment to maintaining ethical standards and protecting public trust.
In an era when professional misconduct can erode confidence in critical institutions, the Society’s decisive action demonstrates that no practitioner—regardless of potential, promise, or years of service—is above the law.
Adv Thejane, who had been practising law for roughly seven years, had seemingly been on a career trajectory that promised growth and recognition. Yet, in an astonishing breach of professional ethics, he allegedly misappropriated M262 000 belonging to his client, Ms ‘Matsepang Setala. This amount formed part of a M350 000 settlement paid to him on behalf of Ms Setala following a road accident claim against LNIG Insurance. Although his fee agreement entitled him to retain M87 500, he allegedly converted the remaining M262 000 for personal use. Such conduct represents not merely a lapse in judgment but a fundamental betrayal of the trust that clients place in their legal representatives.
The LSL acted swiftly upon receiving Ms Setala’s complaint. Upon discovering that the funds had already been withdrawn, it froze Adv Thejane’s bank accounts, suspended him from practice, and sought judicial intervention to ensure that he could no longer operate as a legal practitioner. In doing so, the Society fulfilled its mandate to protect clients and uphold the integrity of the legal profession. The Society’s prompt response should be commended, as it sent a clear message that ethical breaches are taken seriously and will be addressed with the full force of the law.
The court proceedings revealed the depth of Adv Thejane’s misconduct. Not only did he mislead his client by falsely claiming that the settlement had not yet been processed, but he also failed to transfer the rightful portion of the settlement to Ms Setala when confronted. Acting High Court Judge Sekake Malebanye, in his ruling, emphasised that Adv Thejane’s actions fell “far below what is expected of a legal practitioner,” describing his behaviour as “disgraceful” and stating that it “spat on the foundation of legal practice”. The judge further ruled that suspension would be inadequate and that it was in the best interest of the profession and the public to bar Adv Thejane entirely from legal practice.
This outcome is a sobering reminder that ethical conduct is non-negotiable in the legal profession. The LSL, through its decisive actions, has reinforced the principle that lawyers are entrusted with significant responsibilities and must act with honesty, integrity, and transparency. Rule 15(1) of the Society’s Code of Conduct obliges practitioners to maintain the highest ethical standards. In breaching this rule, Adv Thejane not only jeopardised his own career but also threatened public confidence in the legal system. The LSL’s intervention, culminating in his removal from the roll, was therefore both necessary and justified.
The tragedy of Adv Thejane’s downfall cannot be overstated. A promising lawyer, barely seven years into practice, has seen a career destroyed by a moment—or perhaps a series—of unethical decisions. This case serves as a stark warning to young practitioners: talent and potential can be rendered meaningless if professional obligations are disregarded. The legal profession is not merely a means to earn a living; it is a vocation founded on trust, service, and the pursuit of justice. When that trust is broken, the consequences are swift and severe.
At the same time, this case offers an opportunity to recognise and celebrate the Law Society’s role as a guardian of ethical standards. By acting decisively and transparently, the LSL has demonstrated that it is committed to “cleaning its house” and ensuring that the profession maintains its credibility. Clients and the public can take reassurance that the Society will intervene when practitioners fail to meet the expected standards of conduct.
The appointment of a curator to wind up Adv Thejane’s practice, the freezing of his accounts, and the requirement to surrender client files all reflect a comprehensive approach to mitigating harm and protecting the profession’s reputation.
While it is deeply unfortunate that a young lawyer’s career has been destroyed, the Law Society’s decisive actions must be lauded. Integrity is the cornerstone of legal practice, and no practitioner, regardless of potential or experience, is exempt from its demands. By taking swift and firm action, the Law Society has reaffirmed its commitment to ethical practice, safeguarding public trust, and ensuring that justice is not compromised by individual misconduct. The legal profession—and indeed, the public it serves—emerges stronger for it.
The next step, if this has not been done already, is to lay criminal charges against Adv Thejane to ensure he serves time. He surely deserves that. Full restitution to the poor client he prejudiced, Ms Setala, must also be achieved.
