Klaas v Law Society of the Cape of Good Hope (1736/2014) [2015] ZAECGHC 139 (4 December 2015)

Klaas v Law Society of the Cape of Good Hope (1736/2014) [2015] ZAECGHC 139 (4 December 2015)

The applicant's serious misconduct, including theft of trust funds, was established and would have justified his removal from the roll had the respondent acted timeously. However, a lengthy period of sixteen years has elapsed since his suspension, during which the applicant has demonstrated genuine remorse and reformation. He has conducted himself honourably in subsequent employment and has accepted responsibility for his actions. The court finds that the applicant is now a fit and proper person to resume practice as an attorney, subject to the completion of a Practice Management Course. The respondent was justified in opposing the application and bringing the counter-application, and the...

Citation
[2015] ZAECGHC 139
Parties
Applicant: Macvicar Qaqambile Klaas; Respondent: The Law Society of the Cape of Good Hope
Court
Eastern Cape High Court, Grahamstown
Jurisdiction
South Africa
Judgment Date
4 December 2015
Case Number
1736/2014
Procedural Posture
Civil Application / Final Judgment on Opposed Application and Counter Application
Outcome
Application succeeds; counter-application dismissed. Interdict set aside. Applicant granted leave to resume practice as attorney subject to completion of Practice Management Course. Applicant to pay costs of both applications.
Judges
Pickering, Roberson
Legal Topics
Attorneys Act, Fit and Proper Person, Suspension of Practitioner, Readmission, Professional Misconduct
Civil Procedure Commercial and Corporate Attorneys Act Fit and Proper Person Suspension of Practitioner Readmission Professional Misconduct

Case Brief

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Parties

Macvicar Qaqambile Klaas

Applicant

The Law Society of the Cape of Good Hope

Respondent

Procedural Posture

Civil Application / Final Judgment on Opposed Application and Counter Application

Legal Issues

  1. 1 Whether the interdict preventing the applicant from practising as an attorney should be set aside.
  2. 2 Whether the applicant is now a fit and proper person to resume practice as an attorney.
  3. 3 Whether the respondent's delay in bringing a striking off application affects its right to oppose the applicant's relief.

Ratio Decidendi

The applicant's serious misconduct, including theft of trust funds, was established and would have justified his removal from the roll had the respondent acted timeously. However, a lengthy period of sixteen years has elapsed since his suspension, during which the applicant has demonstrated genuine remorse and reformation. He has conducted himself honourably in subsequent employment and has accepted responsibility for his actions. The court finds that the applicant is now a fit and proper person to resume practice as an attorney, subject to the completion of a Practice Management Course. The respondent was justified in opposing the application and bringing the counter-application, and the...

Court Disposition

Application succeeds; counter-application dismissed. Interdict set aside. Applicant granted leave to resume practice as attorney subject to completion of Practice Management Course. Applicant to pay costs of both applications.

Orders

  • The application succeeds and the counter-application is dismissed.
  • The interdict granted by this Court on 2 December 1999 under Case no 1389/99 is hereby set aside.