Hlahla and Another v Law Society of the Northern Provinces and Another (3497/2009) [2011] ZANWHC 48 (25 August 2011)

Hlahla and Another v Law Society of the Northern Provinces and Another (3497/2009) [2011] ZANWHC 48 (25 August 2011)

The court found that the first applicant's responsibility for the contraventions stemmed from his partnership status at the relevant time, regardless of whether he personally committed acts of dishonesty. The five-year suspension imposed on the first applicant may be excessive, and there is a reasonable possibility that another court could find the period too long. The second applicant admitted to misusing trust monies, which constitutes dishonesty and demonstrates unfitness to practise as an attorney. The circumstances surrounding the second applicant's conduct, including failure to provide documents and misleading the Law Society, reinforce the appropriateness of striking him off the...

Citation
[2011] ZANWHC 48
Parties
Applicant: Phemelo Adam Hlahla; Applicant: Samuel Morokane Tebogo Motlhamme; Respondent: The Law Society of the Northern Provinces; Respondent: The Law Society of Bophuthatswana
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
25 August 2011
Case Number
3497/2009
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment Striking Applicants Off the Roll of Attorneys
Outcome
Leave to appeal granted to the first applicant against the whole order relating to him; application by the second applicant dismissed with costs.
Judges
A A Landman, M M Leeuw
Legal Topics
Attorneys Act, Fitness to Practise, Misappropriation of Trust Funds, Disciplinary Sanctions, Professional Misconduct
Civil Procedure Commercial and Corporate Attorneys Act Fitness to Practise Misappropriation of Trust Funds Disciplinary Sanctions Professional Misconduct

Case Brief

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Parties

Phemelo Adam Hlahla

Applicant

Samuel Morokane Tebogo Motlhamme

Applicant

The Law Society of the Northern Provinces

Respondent

The Law Society of Bophuthatswana

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment Striking Applicants Off the Roll of Attorneys

Legal Issues

  1. 1 Whether the first applicant is fit and proper to practise as an attorney.
  2. 2 Whether the period of suspension imposed on the first applicant is appropriate.
  3. 3 Whether the second applicant should be struck off the roll or suspended.

Ratio Decidendi

The court found that the first applicant's responsibility for the contraventions stemmed from his partnership status at the relevant time, regardless of whether he personally committed acts of dishonesty. The five-year suspension imposed on the first applicant may be excessive, and there is a reasonable possibility that another court could find the period too long. The second applicant admitted to misusing trust monies, which constitutes dishonesty and demonstrates unfitness to practise as an attorney. The circumstances surrounding the second applicant's conduct, including failure to provide documents and misleading the Law Society, reinforce the appropriateness of striking him off the...

Court Disposition

Leave to appeal granted to the first applicant against the whole order relating to him; application by the second applicant dismissed with costs.

Orders

  • Leave is granted to the first applicant to appeal against the whole order made on 20 August 2010 insofar as it relates to him.
  • Costs in respect of the first applicant are to be costs in the appeal.