Law Society, Free State v Nthako (2208/2013) [2014] ZAFSHC 49 (27 March 2014)

Law Society, Free State v Nthako (2208/2013) [2014] ZAFSHC 49 (27 March 2014)

The respondent failed for approximately four years to comply with his professional obligation to submit a closing down trust audit report in terms of Rule 3B, despite repeated requests and opportunities to do so. His explanations regarding difficulties in obtaining accounting assistance were vague, unsupported by evidence, and failed to demonstrate genuine efforts to comply. The respondent's conduct, including his disregard for disciplinary proceedings and lack of cooperation with the Law Society, constitutes repeated and extended flouting of duties imposed upon attorneys. The incorrect reference to section 18 of the Attorneys Act in the founding affidavit does not affect the substance of...

Citation
[2014] ZAFSHC 49
Parties
Applicant: THE LAW SOCIETY, FREE STATE; Respondent: ABRAM SEABE NTHAKO
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
27 March 2014
Case Number
2208/2013
Procedural Posture
Urgent Application / Judgment
Outcome
The respondent's name is struck off the roll of attorneys.
Judges
Kruger, Rampai
Legal Topics
Attorneys Act Striking Off, Failure to Comply With Professional Rules, Fit and Proper Person Test
Civil Procedure Attorneys Act Striking Off Failure to Comply With Professional Rules Fit and Proper Person Test

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Parties

THE LAW SOCIETY, FREE STATE

Applicant

ABRAM SEABE NTHAKO

Respondent

Procedural Posture

Urgent Application / Judgment

Legal Issues

  1. 1 Whether the respondent's failure to submit a final closing down trust audit report in terms of Rule 3B renders him unfit to remain on the roll of attorneys.
  2. 2 Whether the incorrect reference to section 18 of the Attorneys Act in the founding affidavit affects the substance of the application.
  3. 3 Whether the respondent's repeated non-compliance and lack of cooperation with the Law Society justifies striking off.

Ratio Decidendi

The respondent failed for approximately four years to comply with his professional obligation to submit a closing down trust audit report in terms of Rule 3B, despite repeated requests and opportunities to do so. His explanations regarding difficulties in obtaining accounting assistance were vague, unsupported by evidence, and failed to demonstrate genuine efforts to comply. The respondent's conduct, including his disregard for disciplinary proceedings and lack of cooperation with the Law Society, constitutes repeated and extended flouting of duties imposed upon attorneys. The incorrect reference to section 18 of the Attorneys Act in the founding affidavit does not affect the substance of...

Court Disposition

The respondent's name is struck off the roll of attorneys.

Orders

  • An order is granted in terms of prayers 1-12 of the Notice of Motion.
  • The respondent's name is to be struck off the Roll of Attorneys.