Interim measure suspending alleged person from practicing as attorney passed pending disciplinary enquiry

Supreme Court of Appeal of South Africa: This appeal was filed before a 5-Judge Bench comprising of Zondi, JA.; Navsa ADP., Mbha, Molemela and Makgoka, JJA., against the order of High Court where appellants application for removal of respondent’s name from the roll of advocates was rejected.

Respondent was alleged with serious allegation of misconduct. Appellant had filed an application in the High Court under Section 22(1)(d) of the Attorney’s Act, 1979 which states that any person who is found not  fit and proper person to continue to practice as an attorney can be removed from the roll of attorneys and thus appellant was seeking an order to remove respondent’s name from the roll of attorneys. High Court rejected the aforementioned application. Against this rejection of the application, this appeal was filed.

Supreme Court observed that the investigation with respect to the conduct of respondent was not complete. As an interim measure respondent was suspended from practicing as an attorney unless disciplinary enquiry concerning his professional conduct is completed.

Therefore, the order of the High Court was set aside. [Law Society of the Northern Provinces v.  Pule Abram Morobadi, Case No. 1151 of 2017, decided on 11-12-2018]

Join the discussion

Your email address will not be published.

This site uses Akismet to reduce spam. Learn how your comment data is processed.