Chabane v Legal Practice Council (515/2018) [2020] ZAFSHC 72 (26 March 2020)

Chabane v Legal Practice Council (515/2018) [2020] ZAFSHC 72 (26 March 2020)

The court found that the applicant had demonstrated, on a balance of probabilities, genuine, complete and permanent reformation since his removal from the roll. The applicant provided substantial evidence of his rehabilitation, including professional achievements, positive character references, psychological evaluation, and consistent repayment of debts to the Attorneys Fidelity Fund. The court was satisfied that the applicant's previous defects of character no longer existed and that he could be trusted to conduct himself as an honourable member of the profession. Accordingly, the requirements of section 15(3) of the Attorneys Act were met, and the applicant was entitled to unconditional...

Citation
[2020] ZAFSHC 72
Parties
Applicant: Molise Cecil Chabane; Respondent: Legal Practice Council
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
26 March 2020
Case Number
515/2018
Procedural Posture
Review Application / Application for Re Admission as Attorney After Prior Striking Off
Outcome
Application for re-admission as attorney granted unconditionally.
Judges
P.J. Loubser, S. Naidoo
Legal Topics
Re Admission of Attorney, Fit and Proper Person, Attorneys Act, Professional Misconduct
Civil Procedure Re Admission of Attorney Fit and Proper Person Attorneys Act Professional Misconduct

Case Brief

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Parties

Molise Cecil Chabane

Applicant

Legal Practice Council

Respondent

Procedural Posture

Review Application / Application for Re Admission as Attorney After Prior Striking Off

Legal Issues

  1. 1 Whether the applicant has demonstrated genuine, complete and permanent reformation since being struck off the roll of attorneys.
  2. 2 Whether the applicant is now a fit and proper person to be re-admitted and re-enrolled as an attorney.
  3. 3 Whether the requirements of section 15(3) of the Attorneys Act 53 of 1979 have been satisfied.

Ratio Decidendi

The court found that the applicant had demonstrated, on a balance of probabilities, genuine, complete and permanent reformation since his removal from the roll. The applicant provided substantial evidence of his rehabilitation, including professional achievements, positive character references, psychological evaluation, and consistent repayment of debts to the Attorneys Fidelity Fund. The court was satisfied that the applicant's previous defects of character no longer existed and that he could be trusted to conduct himself as an honourable member of the profession. Accordingly, the requirements of section 15(3) of the Attorneys Act were met, and the applicant was entitled to unconditional...

Court Disposition

Application for re-admission as attorney granted unconditionally.

Orders

  • The application succeeds.
  • The Legal Practice Council is authorized to enroll the applicant on the roll of attorneys.