Cape Bar Council v Noordien (14514/2012) [2013] ZAWCHC 138 (30 August 2013)

Cape Bar Council v Noordien (14514/2012) [2013] ZAWCHC 138 (30 August 2013)

The respondent admitted to lying under oath, misleading the court, and deliberately circumventing the referral rule. His conduct constituted serious professional misconduct, including dishonesty and breach of statutory obligations. The respondent failed to demonstrate any exceptional circumstances that would justify...

Source-derived case information.

Citation
[2013] ZAWCHC 138
Parties
Applicant: Cape Bar Council; Respondent: Abubaker Noordien
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
30 August 2013
Case Number
14514/2012
Procedural Posture
Disciplinary Application / Judgment After Opposed Application
Outcome
Application granted; respondent struck from the roll of advocates.
Judges
J I Cloete, N J Yekiso
Legal Topics
Fit and Proper Person, Professional Misconduct, Referral Rule, Striking Off Roll, Dishonesty, Costs Order
Civil Procedure Commercial and Corporate Fit and Proper Person Professional Misconduct Referral Rule Striking Off Roll Dishonesty Costs Order

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Summary, issues, holding and outcome

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Parties

Cape Bar Council

Applicant

Abubaker Noordien

Respondent

Procedural Posture

Disciplinary Application / Judgment After Opposed Application

Legal Issues

  1. 1 Whether the respondent is a fit and proper person to continue to practice 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's breaches of the referral rule and dishonesty amount to professional misconduct justifying removal from the roll.

Ratio Decidendi

The respondent admitted to lying under oath, misleading the court, and deliberately circumventing the referral rule. His conduct constituted serious professional misconduct, including dishonesty and breach of statutory obligations. The respondent failed to demonstrate any exceptional circumstances that would justify suspension rather than striking off. His lack of remorse, disregard for professional ethics, and absence of accountability indicated a high probability of recurrence. The court found that only striking the respondent from the roll would adequately protect the public and the reputation of the profession. Costs on an attorney and client scale were warranted given the nature of...

Court Disposition

Application granted; respondent struck from the roll of advocates.

Orders

  • The respondent’s name is struck from the roll of advocates of this Court.
  • The respondent shall pay the costs of this application on the scale as between attorney and client, including the wasted costs of the postponement on 7 June 2013 and the respondent’s abortive application to strike out portions of the applicant’s replying affidavit.