Hewetson v Law Society of the Free State (948/2018) [2020] ZASCA 49; [2020] 3 All SA 15 (SCA); 2020 (5) SA 86 (SCA) (5 May 2020)

Hewetson v Law Society of the Free State (948/2018) [2020] ZASCA 49; [2020] 3 All SA 15 (SCA); 2020 (5) SA 86 (SCA) (5 May 2020)

The Supreme Court of Appeal considered whether the appellant, Yolandi Hewetson, should be struck from the roll of attorneys or merely suspended following serious trust account deficiencies and allegations of misconduct. The majority held that, while the appellant was guilty of serious breaches of her professional duties, there were unresolved factual disputes regarding her knowledge of her husband's misappropriation of trust funds and the extent of her involvement. The evidence showed contradictions in her affidavits and communications, but also indicated she reported the misconduct and cooperated with the investigation. The majority found that the interests of justice required a referral...

Citation
[2020] ZASCA 49
Parties
Appellant: Yolandi Hewetson; Respondent: The Law Society of the Free State
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
5 May 2020
Case Number
948/2018
Procedural Posture
Civil Appeal / Appeal Against Order Striking Appellant From Roll of Attorneys
Outcome
Appeal upheld in part; order striking appellant from roll set aside as regards appellant; matter referred back to high court for oral evidence; appellant suspended pending outcome.
Judges
Cachalia JA, Leach JA, Nicholls JA, Weiner AJA, Hughes AJA
Legal Topics
Attorneys Act, Professional Misconduct, Trust Account Deficiency, Disciplinary Proceedings, Fit and Proper Person, Removal From Roll
Civil Procedure Commercial and Corporate Attorneys Act Professional Misconduct Trust Account Deficiency Disciplinary Proceedings Fit and Proper Person Removal From Roll

Case Brief

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Parties

Yolandi Hewetson

Appellant

The Law Society of the Free State

Respondent

Procedural Posture

Civil Appeal / Appeal Against Order Striking Appellant From Roll of Attorneys

Legal Issues

  1. 1 Whether the appellant should be struck from the roll of attorneys or suspended from practice.
  2. 2 Whether the appellant was dishonest or lacked candour in her dealings with the Law Society and the court.
  3. 3 Whether the appellant had knowledge of her co-director's misappropriation of trust funds and failed to act appropriately.

Ratio Decidendi

The Supreme Court of Appeal considered whether the appellant, Yolandi Hewetson, should be struck from the roll of attorneys or merely suspended following serious trust account deficiencies and allegations of misconduct. The majority held that, while the appellant was guilty of serious breaches of her professional duties, there were unresolved factual disputes regarding her knowledge of her husband's misappropriation of trust funds and the extent of her involvement. The evidence showed contradictions in her affidavits and communications, but also indicated she reported the misconduct and cooperated with the investigation. The majority found that the interests of justice required a referral...

Court Disposition

Appeal upheld in part; order striking appellant from roll set aside as regards appellant; matter referred back to high court for oral evidence; appellant suspended pending outcome.

Orders

  • The appeal is upheld to the extent that the high court order of 15 December 2017 is set aside only insofar as it refers to the appellant.
  • The high court’s order of 23 June 2016 insofar as it applies to the appellant is reinstated pending finalisation in the high court of the application to strike her from the roll.