The KwaZulu-Natal High Court in Durban overturned Farouk Oosman Alijan’s conviction and seven-year sentence for fraud after discovering he was represented by a candidate legal practitioner not registered to appear in court. The judgment, delivered on 9 October 2026, found that the unauthorised representation likely rendered the trial unfair and infringed Alijan’s constitutional right to a fair trial.
Alijan had been convicted of fraud linked to invoices submitted to Bid Freight Port Operations, where the state alleged he and others had misled the company into paying R464,983.63 to Feroz Trucking (Pty) Ltd based on false claims that transport services had been provided. His trial began on 1 July 2024, with a candidate legal practitioner named Mr Melani acting as his defence attorney. Alijan pleaded guilty on 15 August 2024 and was sentenced on 14 November 2024 to seven years’ imprisonment, with two years suspended for five years.
However, a later investigation by the Legal Practice Council revealed that Melani did not have a registered practical vocational training contract during the period he represented Alijan. This finding indicated that Melani was not authorised to appear as a legal representative, raising serious concerns about the fairness of the trial proceedings.
The High Court ruled that the irregular legal representation infringed Alijan’s right to a fair trial and likely compromised the integrity of the proceedings. As a result, the court set aside the conviction and sentence and remitted the case to the regional court for a possible retrial before a different presiding officer. This will only proceed if the Director of Public Prosecutions decides to reinstate the charge.
This case highlights the critical role of the Legal Practice Council in regulating candidate legal practitioners and ensuring the legitimacy of court representation in South Africa. Courts treat unauthorised legal representation as a fundamental irregularity potent enough to nullify trial outcomes. While this ruling does not dispute the merits of the fraud charge itself, it underscores the importance of proper legal authority during criminal trials.
Alijan’s case adds to ongoing scrutiny of legal representation standards and the need for strict adherence to procedural safeguards in criminal justice. The Director of Public Prosecutions has not yet announced whether they will pursue a fresh trial against Alijan.