Mphatswe v Law Society of the Free State (4835/2015) [2017] ZAFSHC 208 (20 September 2017)

Mphatswe v Law Society of the Free State (4835/2015) [2017] ZAFSHC 208 (20 September 2017)

The applicant failed to discharge the onus of proving that he is a fit and proper person to be admitted as an attorney. His approach to the application was indifferent and lacked sufficient detail regarding remorse, contrition, and efforts at rehabilitation. The fact that he was released on parole does not equate to permanent reformation or fitness for the profession. The respondent's prior registration of his articles did not create a legitimate expectation of admission, as the requirements for admission are more stringent and must be independently satisfied. The applicant's continued status as a parolee means he is still serving a sentence, which disqualifies him from admission. The...

Citation
[2017] ZAFSHC 208
Parties
Applicant: Itumeleng Innocent Mphatswe; Respondent: Law Society of the Free State
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
20 September 2017
Case Number
4835/2015
Procedural Posture
Urgent Application / Application for Admission as Attorney
Outcome
Application dismissed with costs.
Judges
C Van Zyl
Legal Topics
Admission of Attorneys, Fit and Proper Person, Rehabilitation After Conviction, Parole and Professional Admission
Civil Procedure Commercial and Corporate Admission of Attorneys Fit and Proper Person Rehabilitation After Conviction Parole and Professional Admission

Case Brief

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Parties

Itumeleng Innocent Mphatswe

Applicant

Law Society of the Free State

Respondent

Procedural Posture

Urgent Application / Application for Admission as Attorney

Legal Issues

  1. 1 Whether the applicant, having been convicted of a serious criminal offence and currently on parole, is a fit and proper person to be admitted as an attorney.
  2. 2 Whether the respondent's prior registration of the applicant's contract of articles created a legitimate expectation of admission.
  3. 3 Whether the applicant has demonstrated genuine, complete and permanent reformation as required for admission to the profession.

Ratio Decidendi

The applicant failed to discharge the onus of proving that he is a fit and proper person to be admitted as an attorney. His approach to the application was indifferent and lacked sufficient detail regarding remorse, contrition, and efforts at rehabilitation. The fact that he was released on parole does not equate to permanent reformation or fitness for the profession. The respondent's prior registration of his articles did not create a legitimate expectation of admission, as the requirements for admission are more stringent and must be independently satisfied. The applicant's continued status as a parolee means he is still serving a sentence, which disqualifies him from admission. The...

Court Disposition

Application dismissed with costs.

Orders

  • The application for admission as an attorney is dismissed.
  • The applicant is ordered to pay the costs of the application.