Ncongwane v Tarcia NO and Others (A737/2010) [2012] ZAGPPHC 32 (16 February 2012)

Ncongwane v Tarcia NO and Others (A737/2010) [2012] ZAGPPHC 32 (16 February 2012)

The appellant's failure to notify the opposing attorney of the ex parte application constituted unprofessional conduct. The evidence established that Mr Smith was the attorney of record at the relevant time, and the appellant's reliance on Rule 55(9) was misplaced. The disciplinary committee correctly found the appellant guilty of charge 2 and imposed an appropriate sanction, taking into account the appellant's circumstances and the need to uphold professional standards. The costs order was justified given the appellant's conduct and procedural failures. The appeal is dismissed with costs.

Citation
[2012] ZAGPPHC 32
Parties
Appellant: Mandla Macbeth Ncongwane; Respondent: J Tarcia N.O.; Respondent: AY Bhayat N.O.; Respondent: G Nochumsohn N.O.; Respondent: Law Society of the Northern Provinces; Respondent: Minister of Justice & Constitutional Development; Respondent: Black Lawyers Association; Respondent: Law Society of South Africa
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
16 February 2012
Case Number
A737/2010
Procedural Posture
Civil Appeal / Appeal Against Disciplinary Sanction Imposed by the Law Society's Disciplinary Committee
Outcome
Appeal dismissed with costs.
Judges
S.A.M. Baqwa, H.J. Fabricius
Legal Topics
Attorney Discipline, Unprofessional Conduct, Notice Requirements, Costs Award, Attorneys Act, Professional Ethics
Civil Procedure Commercial and Corporate Attorney Discipline Unprofessional Conduct Notice Requirements Costs Award Attorneys Act Professional Ethics

Case Brief

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Parties

Mandla Macbeth Ncongwane

Appellant

J Tarcia N.O.

Respondent

AY Bhayat N.O.

Respondent

G Nochumsohn N.O.

Respondent

Law Society of the Northern Provinces

Respondent

Minister of Justice & Constitutional Development

Respondent

Black Lawyers Association

Respondent

Law Society of South Africa

Respondent

Procedural Posture

Civil Appeal / Appeal Against Disciplinary Sanction Imposed by the Law Society's Disciplinary Committee

Legal Issues

  1. 1 Whether the appellant's failure to notify the opposing attorney of the ex parte application constituted unprofessional conduct.
  2. 2 Whether the disciplinary committee erred in its findings and sanction.
  3. 3 Whether the costs order and fine imposed were appropriate.

Ratio Decidendi

The appellant's failure to notify the opposing attorney of the ex parte application constituted unprofessional conduct. The evidence established that Mr Smith was the attorney of record at the relevant time, and the appellant's reliance on Rule 55(9) was misplaced. The disciplinary committee correctly found the appellant guilty of charge 2 and imposed an appropriate sanction, taking into account the appellant's circumstances and the need to uphold professional standards. The costs order was justified given the appellant's conduct and procedural failures. The appeal is dismissed with costs.

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.