Durban-based advocate Kessie Naidu seems to have an amazing ability to re-invent himself.

During the high-profile SBV trial in Durban he was one of a group of lawyers accused of acting improperly, but was later cleared by the Society of Advocates of any wrong-doing.

Now Naidu, known for his no-holds-barred approach in the courtroom, is back in the spotlight - in a far more positive role as leader of evidence in the Hefer Commission.

In September, President Thabo Mbeki appointed the Hefer Commission to investigate allegations that National Director of Public Prosecutions, Bulelani Ngcuka, was an apartheid-era spy and that Justice Minister Penuell Maduna had "abused" his office to "honour" apartheid-era obligations.

Naidu was asked to take the reins as evidence leader of the commission, despite the fact that he had acted for Deputy President Jacob Zuma, whose former African National Congress intelligence comrades Mac Maharaj and Mo Shaik had levelled the accusations against Ngcuka.

Usually, Naidu acts for the defence but now he has decided to swap sides and join the ranks of the National Prosecuting Authority.

"I thought about the challenge and accepted that I had to be neutral and to ensure that all the relevant evidence is appropriately placed before the commission and at the same time to ensure that the evidence is tested by cross-examination of the witness," he said.

So which does he prefer?

"It's not a question of preference because I am able to do both with equal vigour because of my ability to apply myself to the issue and not the person or the offence they have alleged to have committed."

Naidu has come under criticism for accepting the position as he has previously represented Zuma, Maduna and Ngcuka.

"The so-called conflict of interest is a perception that unfortunately arises out of ignorance relating to the role of an advocate. The uniqueness of advocates is that they must act independently and dispassionately."

"An advocate should never become embroiled in the personal issues involving his or her clients... therefore for an advocate to act professionally, he must also be able to act against that party," said Naidu.

Born and raised in Old Dutch Road in Durban, Naidu worked his way through university to become one of the best legal minds in the country.

He matriculated at Sastri College and studied law at the University College for Indians at Salisbury Island, which later became the University of Durban-Westville.

To raise money, he worked as a bakery van driver and as an oil refinery employee. The silver-haired advocate even did a stint with a pest control company.

In 1977 he was the first black student in South Africa to be awarded the Anglo-American scholarship of R5 000 a year to study for his masters in law at the University of London.

Despite the fact that the scholarship was - at that time - the most ever awarded to a South African student at any university, Naidu did not take it up and instead stayed at home with his young family.

In 1978 he was admitted to the Bar, a path which eventually saw him being admitted as Senior Counsel in 1994.

A year later Naidu served for two months as an acting judge in the former Eastern Cape Supreme Court.

Naidu believes he was smeared during the SBV trial because of his prominence.

"The SBV matter was a misunderstanding. Allegations were levelled that I acted improperly. The Bar counsel held an urgent inquiry and I was cleared of the allegations."

"When one is prominent in a particular profession it undoubtedly attracts false allegations, rumours, envy and gossip. One learns to live with it," he said.

Many commentators have labelled the commission as a waste of time, but Naidu believes that the allegations against Ngcuka have serious implications.

"He heads undoubtedly the most important organ of state which is involved with the investigation of and fighting against crime. If unresolved, these accusations could seriously affect the morale of all those good men and women who are at the forefront in the fight against crime," said Naidu.

Naidu has also worn the "robes" of a prosecutor in the case of the three men involved in the Throb nightclub disaster which claimed the lives of 13 school children.

As a defence advocate, his clients have included former journalist Rafiq Rohan, who was charged with terrorism and was accused of placing bombs at CR Swart police station, Natal Command and other buildings in Durban.

He was also successful in having the death sentences imposed on the Queenstown Six set aside.

Naidu also had the conviction and sentence of Ebrahim Ismail - a high ranking ANC official who was abducted from Swaziland and charged for treason - set aside.

Naidu is well known for his articulate and sometimes hilarious arguments in court. His quotable one-liners and ability to intimidate witnesses during cross-examination are legendary. And according to him, this skill comes with practice.

"The trick is to attack a witness at the very outset and by the time you're half way through he or she should be fairly incapacitated."

Described as ruthless by some, Naidu is known for going straight for the jugular.

"I have been described as a ruthless, devastating cross-examiner. I apply myself to the issue. I keep my eye on the ball and not on the man or woman," said Naidu.

The key, he says, is to act independently and dispassionately.

"I never celebrate my victories or bemoan my losses. As long as I'm satisfied at the end of a case that I've done as much as the client deserves, if not more."

So, does he work for the highest bidder?

"It not a question of the highest bidder. I have acted for clients who could not afford to pay me at all."

"Some I have acted for on a reduced rate. But I can't offer my service pro amico for everyone, they would be queuing at my door," he said. In 2000, he was appointed as chairperson of the Road Accident Fund which he says has been a beneficial and interesting experience.

"I found it most rewarding, especially because it was not of financial benefit. I only received R15 000 a year as payment. I did it because it gave benefits to accident victims."

Of the law profession Naidu said that despite the "incidents of deviants," lawyers who involved themselves in acts of theft and corruption, it was still the "most honourable profession".

The Durban North father of five has two sons, Ryanderan and Vishalan, who have joined him in the legal profession.

The other three have chosen differently. Another son, Abendra is a businessman; his daughter, Keshika, is a final-year bachelor of commerce student and his youngest son, Reshlan, is in matric.

He said he owed much to his parents who brought him and his four brothers up in a strict home.

"They struggled and had a difficult time educating my brothers and I."

So what's next for Naidu? Is it time for a seat on the bench?

"I sat as an acting judge for a bit but I'm not yet ready to surrender the independence that I enjoy as an advocate."

With acknowledgements to Monica Laganparsad and the Pretoria News.