Ndleve v Pretoria Society of Advocates (CCT74/16) [2016] ZACC 29; 2016 (12) BCLR 1523 (CC) (1 September 2016)

Ndleve v Pretoria Society of Advocates (CCT74/16) [2016] ZACC 29; 2016 (12) BCLR 1523 (CC) (1 September 2016)

The Constitutional Court found that the applicant's repeated applications were entirely without merit and constituted an abuse of process intended to delay the enforcement of the order striking him from the roll of advocates. The applicant had confessed to theft and malpractice, and the High Court's order was valid and enforceable. His continued practice as an advocate after being struck off was unlawful and unethical, bordering on contempt of court. The Society of Advocates has a duty to take steps to prevent further litigation and unlawful appearances by the applicant. The application for leave to appeal was dismissed.

Citation
[2016] ZACC 29
Parties
Applicant: Ralph Patrick Ndleve; Respondent: Pretoria Society of Advocates
Court
Constitutional Court
Jurisdiction
South Africa
Judgment Date
1 September 2016
Case Number
CCT 74/16
Procedural Posture
Leave to Appeal / Application for Leave to Appeal to the Constitutional Court
Outcome
Application for leave to appeal dismissed.
Judges
Mogoeng, Nkabinde, Cameron, Froneman, Jafta, Khampepe, Madlanga, Mbha, Mhlantla, Musi, Zondo
Legal Topics
Striking Off Roll, Professional Misconduct, Leave to Appeal, Unethical Conduct
Constitutional Law Civil Procedure Striking Off Roll Professional Misconduct Leave to Appeal Unethical Conduct

Case Brief

Summary, issues, holding and outcome

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Parties

Ralph Patrick Ndleve

Applicant

Pretoria Society of Advocates

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal to the Constitutional Court

Legal Issues

  1. 1 Whether the applicant's repeated applications to the Constitutional Court have any merit.
  2. 2 Whether the applicant was lawfully struck off the roll of advocates for malpractice and theft.
  3. 3 Whether the applicant's continued practice after being struck off constitutes contempt and unethical conduct.

Ratio Decidendi

The Constitutional Court found that the applicant's repeated applications were entirely without merit and constituted an abuse of process intended to delay the enforcement of the order striking him from the roll of advocates. The applicant had confessed to theft and malpractice, and the High Court's order was valid and enforceable. His continued practice as an advocate after being struck off was unlawful and unethical, bordering on contempt of court. The Society of Advocates has a duty to take steps to prevent further litigation and unlawful appearances by the applicant. The application for leave to appeal was dismissed.

Court Disposition

Application for leave to appeal dismissed.

Orders

  • The application for leave to appeal is dismissed.
  • The Registrar is directed to draw this judgment and order to the attention of the Pretoria Society of Advocates and the Judge President of the Gauteng Division of the High Court of South Africa.