Cape Bar Council v Festus (7257/07) [2008] ZAWCHC 187 (25 April 2008)

Cape Bar Council v Festus (7257/07) [2008] ZAWCHC 187 (25 April 2008)

The respondent committed multiple acts of professional misconduct, including accepting instructions and fees directly from clients, misleading the court, and attempting to induce perjury. He failed to respond to the charges or provide any explanation. The court finds these actions incompatible with the standards required of an advocate and concludes that the respondent is not a fit and proper person to practise. The gravity of the misconduct and the absence of any mitigating explanation justify striking the respondent's name from the roll of advocates rather than mere suspension. The court further finds it appropriate to award costs against the respondent on an attorney and client scale...

Citation
[2008] ZAWCHC 187
Parties
Applicant: The Cape Bar Council; Respondent: Peter John Festus
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
25 April 2008
Case Number
7257/07
Procedural Posture
Urgent Application / Application for Striking Off Advocate From the Roll
Outcome
The respondent's name is struck from the roll of advocates and he is ordered to pay costs on an attorney and client scale.
Judges
DH Van Zyl, D V Dlodlo
Legal Topics
Professional Misconduct, Fit and Proper Person, Striking Off Roll, Advocates Act
Civil Procedure Commercial and Corporate Professional Misconduct Fit and Proper Person Striking Off Roll Advocates Act

Case Brief

Summary, issues, holding and outcome

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Parties

The Cape Bar Council

Applicant

Peter John Festus

Respondent

Procedural Posture

Urgent Application / Application for Striking Off Advocate From the Roll

Legal Issues

  1. 1 Whether the respondent is a fit and proper person to continue practising as an advocate.
  2. 2 Whether the respondent's conduct warrants striking his name from the roll of advocates rather than suspension.
  3. 3 Whether the respondent should be ordered to pay costs on an attorney and client scale.

Ratio Decidendi

The respondent committed multiple acts of professional misconduct, including accepting instructions and fees directly from clients, misleading the court, and attempting to induce perjury. He failed to respond to the charges or provide any explanation. The court finds these actions incompatible with the standards required of an advocate and concludes that the respondent is not a fit and proper person to practise. The gravity of the misconduct and the absence of any mitigating explanation justify striking the respondent's name from the roll of advocates rather than mere suspension. The court further finds it appropriate to award costs against the respondent on an attorney and client scale...

Court Disposition

The respondent's name is struck from the roll of advocates and he is ordered to pay costs on an attorney and client scale.

Orders

  • The name of the respondent is struck from the roll of advocates.
  • The respondent is ordered to pay the costs of the application on the scale as between attorney and client.