DEPUTY Chief Justice Dikgang Moseneke's brother appears to be breaking the law by continuing to manage the Moseneke family business even after being struck off the roll of attorneys.
The Mail and Guardian revealed last week that Tiego Moseneke was struck off the roll by the high court in 2006 after being accused of "trust fund irregularities and unprofessional conduct".
The amended Companies Act bars anyone who is struck off the roll from ever working as a company director, or from managing a company.
Sowetan has seen a copy of the Encha Group's 2008 financial statements, which say that Tiego Moseneke resigned as a director on March 1 2007.
He told Sowetan that he continued to work as a director while appealing the high court decision.
"The appeal was finalised in 2007," he said.
But Sowetan has also seen e-mails that demonstrate that even after Tiego Moseneke had resigned as Encha Group director, he remained directly involved in all aspects of decision-making, management and setting and implementation of strategy for the group - in clear contravention of the Companies Act.
Tiego Moseneke would not comment and only said "it is a sad day for freedom of the press when journalists are putty in the hands of people with dark motives".
Dikgang Moseneke would only say that as far as he knew Tiego had resigned as Encha Group director after he was struck from the roll.
The deputy chief justice admitted to the M&G last week that his family trust - the Sedise Properties Trust - has an 18percent stake in the Encha Group.
Moseneke said "there is nothing in the relationship between the Encha Group and Sedise Properties Trust that undermines my judicial independence".