Ndleve v Pretoria Society of Advocates, In re: Pretoria Society of Advocates v Ndleve (36147/2009) [2015] ZAGPPHC 448 (8 July 2015)

Ndleve v Pretoria Society of Advocates, In re: Pretoria Society of Advocates v Ndleve (36147/2009) [2015] ZAGPPHC 448 (8 July 2015)

The court found that the applicant had engaged in serious dishonesty, including theft of client funds both before and after his admission as an advocate. He admitted to stealing money and failed to disclose this fact during his application for admission, amounting to perjury. The applicant's attempts to introduce further affidavits were speculative and lacked substantive merit. The court held that procedural fairness was observed, and the Pretoria Society of Advocates was entitled to approach the court directly given the gravity of the misconduct. The grounds of appeal advanced by the applicant were found to be without merit, and there were no prospects of another court reaching a...

Citation
[2015] ZAGPPHC 448
Parties
Applicant: Ralph Patrick Ndleve; Respondent: Pretoria Society of Advocates
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
8 July 2015
Case Number
36147/2009
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Striking Off From Roll of Advocates
Outcome
Application for leave to appeal refused; costs awarded against the applicant on attorney and client scale.
Judges
P.Z Ebersohn, H.J. De Vos
Legal Topics
Striking Off Advocate, Fit and Proper Person, Dishonesty, Leave to Appeal, Costs Order
Civil Procedure Commercial and Corporate Striking Off Advocate Fit and Proper Person Dishonesty Leave to Appeal Costs Order

Case Brief

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Parties

Ralph Patrick Ndleve

Applicant

Pretoria Society of Advocates

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Striking Off From Roll of Advocates

Legal Issues

  1. 1 Whether the applicant should be granted leave to appeal against the order striking his name from the Roll of Advocates.
  2. 2 Whether the applicant was denied a fair hearing or prejudiced by procedural irregularities.
  3. 3 Whether the applicant's conduct rendered him unfit to remain on the Roll of Advocates.

Ratio Decidendi

The court found that the applicant had engaged in serious dishonesty, including theft of client funds both before and after his admission as an advocate. He admitted to stealing money and failed to disclose this fact during his application for admission, amounting to perjury. The applicant's attempts to introduce further affidavits were speculative and lacked substantive merit. The court held that procedural fairness was observed, and the Pretoria Society of Advocates was entitled to approach the court directly given the gravity of the misconduct. The grounds of appeal advanced by the applicant were found to be without merit, and there were no prospects of another court reaching a...

Court Disposition

Application for leave to appeal refused; costs awarded against the applicant on attorney and client scale.

Orders

  • The application for leave to appeal is refused.
  • The applicant is to pay the costs of the application on the scale of attorney and client.