Lestoale v Pretoria Society of Advocates (34315/2012) [2015] ZAGPPHC 567 (30 July 2015)

Lestoale v Pretoria Society of Advocates (34315/2012) [2015] ZAGPPHC 567 (30 July 2015)

The Court found that the applicant failed to demonstrate that he is a fit and proper person to be admitted as an advocate. Despite the opportunity to clear previous adverse findings, the applicant did not provide new evidence or adequately address the improbabilities and concerns raised in earlier proceedings. His explanations regarding the use of Impact Advisory Services CC's account, the nature of the loans, and his employment history were unsatisfactory and raised further doubts about his integrity and honesty. The absence of references from employers and the lack of mitigation of previous adverse character findings led the Court to conclude that the applicant lacks the ethical...

Citation
[2015] ZAGPPHC 567
Parties
Applicant: Makete Judah Letsoale; Respondent: Pretoria Society of Advocates
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
30 July 2015
Case Number
34315/2012
Procedural Posture
Admission Application / Third Application for Admission as Advocate; Opposed by Intervening Party
Outcome
Application for admission as advocate dismissed with costs.
Judges
Nowosenetz, Legodi
Legal Topics
Admission of Advocates, Fit and Proper Person, Unjust Enrichment, Professional Ethics
Civil Procedure Commercial and Corporate Admission of Advocates Fit and Proper Person Unjust Enrichment Professional Ethics

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Makete Judah Letsoale

Applicant

Pretoria Society of Advocates

Respondent

Procedural Posture

Admission Application / Third Application for Admission as Advocate; Opposed by Intervening Party

Legal Issues

  1. 1 Whether the applicant is a fit and proper person to be admitted as an advocate.
  2. 2 Whether the applicant has adequately explained his involvement in the Impact Advisory Services CC and the funds received.
  3. 3 Whether new facts have emerged since the previous application to mitigate adverse findings against the applicant.

Ratio Decidendi

The Court found that the applicant failed to demonstrate that he is a fit and proper person to be admitted as an advocate. Despite the opportunity to clear previous adverse findings, the applicant did not provide new evidence or adequately address the improbabilities and concerns raised in earlier proceedings. His explanations regarding the use of Impact Advisory Services CC's account, the nature of the loans, and his employment history were unsatisfactory and raised further doubts about his integrity and honesty. The absence of references from employers and the lack of mitigation of previous adverse character findings led the Court to conclude that the applicant lacks the ethical...

Court Disposition

Application for admission as advocate dismissed with costs.

Orders

  • The application for the admission of the applicant as an advocate is dismissed.
  • The applicant shall pay the costs of the intervening party, the Pretoria Society of Advocates.