See Swartzberg/Law Society of Northern Provinces, 2008, ZASCA 36; [2008] 3 All SA 438(SCA); 2008 (5) SA 322 (FCC) at subsection [18] While each complaint alone cannot be considered a serious offence, it could, in my view, give the Law Society the cumulative right to request a suspension of the applicant`s practice from practising. [41] The Bethlehem case and the Bux case are flagrant acts that disregard not only the provisions of section 83(1) of the Lawyers Act, but also a court decision of that court. On 30 November 2007, when the complainant`s name was deleted, the court banned her from practising as a lawyer and/or impersonating a lawyer. About a year after that date, she was already posing as a lawyer. She assisted the defence lawyer as if she were an instructor lawyer. He even demanded payment for the services he provided, which were to be provided by a designated lawyer. She tried her hand at the practice of a lawyer who caused confusion among authorities and among clients or members of the public. In Bethlehem, the whole bail process had to be repeated through his fault. It has resulted in additional costs for the tax authorities and has brought the administration of justice into disrepute. [40] The Harrichand case is very troubling.
Harrichand was a close friend of the applicant. His misconduct extended over a long period of time. The complainant maintained the case without having cover for the legal proceedings. The conclusion is almost inevitable that this gave Harrichand the opportunity to carry out what he was involved in. The plaintiff knew what Harrichand was involved in. The theft of police records is a very serious matter. It undermines the foundations of the judicial system. The involvement of prosecutors and lawyers in such a practice must be viewed with harsh condemnation.
The Council of Legal Practice is a national statutory body established under Article 4 of Law No. 28 of 2014 on Legal Practice. The Council of Legal Practice and its provincial councils regulate matters and exercise jurisdiction over all legal practitioners (lawyers and lawyers) and trainee lawyers. [15] The complainant alleges that her negligence as a lawyer gave rise to complaints against her to the KwaZulu-Natal Law Society. She did not respond to correspondence relating to the complaints. In addition, she did not adequately manage her practice properly. The Law Society opened an investigation against her. 10. In May 2005, the Bar Association requested that his name be removed from the list of lawyers and suspended from his professional activity pending his withdrawal from the firm. She contacted the Law Society. She admitted her negligent behavior and sincerely apologized. The Law Society accepted her declaration and only allowed her to practise as a professional assistant in a law firm with her permission for a period of three (3) years.
The motion to strike it is suspended. [1] The Applicant requested that she return to the practice of law and that her name be reinstated on the panel of counsel. No objection is raised to the application. [47] The LPC is accountable to the court. It is responsible for reporting to the Tribunal on a disciplinary matter before it concerning its members. He must report on how he handled the case and comment on the appeal requested by the court. In this case, we initially had only one letter from the LPC addressed to the Registrar of the Court. He stated that the LPC had reviewed the applicant`s application for re-registration and would not reject the application for re-registration. This is not sufficient, in particular, in the case of a readmission application, where the applicant`s proven dishonesty in the past takes precedence over the examination of whether the applicant is a suitable person for readmission. The LPC has a duty to assist the court in making a correct decision. Among other things, the LPC is committed to enhancing and maintaining the integrity and status of the legal profession.
Professional associations are the guardians of the profession. They act in the interest of the legal profession, the courts and the public by protecting and promoting the status and dignity of their profession. See Nthai at [35]. [5] The South African Council of Legal Practice is a statutory body. It occupies a position of authority of its members. It is required by law to supervise matters concerning the regulation of the legal profession. It emphasizes its disciplinary authority over its members to ensure that adequate standards of professional conduct are maintained in the interest of the public, its members and the administration of justice.