Mashaba and Others v Law Society (23258/2018) [2020] ZAGPPHC 104 (20 February 2020)

Mashaba and Others v Law Society (23258/2018) [2020] ZAGPPHC 104 (20 February 2020)

The court found that the grounds for leave to appeal were directed at factual findings, which are not easily overturned unless unsupported by the record. The court was satisfied that all relevant evidence and circumstances had been considered in the original judgment, including the applicant's explanations and acquittal on fraud charges. The applicant failed to demonstrate reasonable prospects of success or that another court would reach a different conclusion. Accordingly, leave to appeal was refused.

Citation
[2020] ZAGPPHC 104
Parties
Applicant: MP Mashaba and Others; Respondent: Law Society
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
20 February 2020
Case Number
23258/2018
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Judgment Striking Applicant's Name From Roll of Attorneys
Outcome
Application for leave to appeal dismissed with costs on an attorney and client scale.
Judges
Baqwa
Legal Topics
Leave to Appeal, Striking Off Roll, Factual Findings, Prospects of Success
Civil Procedure Leave to Appeal Striking Off Roll Factual Findings Prospects of Success

Case Brief

Summary, issues, holding and outcome

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Parties

MP Mashaba and Others

Applicant

Law Society

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Judgment Striking Applicant's Name From Roll of Attorneys

Legal Issues

  1. 1 Whether the applicant has demonstrated reasonable prospects of success on appeal against the order striking his name from the roll of attorneys.
  2. 2 Whether the factual findings made by the court were unsupported by the evidence.
  3. 3 Whether the applicant's explanations and acquittal on fraud charges should affect the outcome.

Ratio Decidendi

The court found that the grounds for leave to appeal were directed at factual findings, which are not easily overturned unless unsupported by the record. The court was satisfied that all relevant evidence and circumstances had been considered in the original judgment, including the applicant's explanations and acquittal on fraud charges. The applicant failed to demonstrate reasonable prospects of success or that another court would reach a different conclusion. Accordingly, leave to appeal was refused.

Court Disposition

Application for leave to appeal dismissed with costs on an attorney and client scale.

Orders

  • The application for leave to appeal is dismissed.
  • Costs are awarded against the applicant on an attorney and client scale.