North West Bar Association v Padi (ADM30/2014) [2015] ZANWHC 65 (10 September 2015)

North West Bar Association v Padi (ADM30/2014) [2015] ZANWHC 65 (10 September 2015)

The court found that the applicant, having a serious criminal conviction for rape and currently being on parole, is still serving his sentence and under supervision. The applicant failed to discharge the onus of proving that he is a fit and proper person to be admitted as an advocate. The allegations raised by the Bar were unchallenged and accepted as truthful. The court held that the application was premature and that public policy and statutory requirements preclude the admission of a parolee for such a serious offence. The application was dismissed and costs awarded against the applicant, including the costs of two counsel.

Citation
[2015] ZANWHC 65
Parties
Applicant: Kelvin Padi; Respondent: North West Bar Association
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
10 September 2015
Case Number
ADM30/2014
Procedural Posture
Admission Application / First Instance
Outcome
Application dismissed with costs, including costs of two counsel.
Judges
R D Hendricks, AM Kgoele
Legal Topics
Admission of Advocates, Fit and Proper Person, Criminal Conviction, Parole Status
Civil Procedure Admission of Advocates Fit and Proper Person Criminal Conviction Parole Status

Case Brief

Summary, issues, holding and outcome

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Parties

Kelvin Padi

Applicant

North West Bar Association

Respondent

Procedural Posture

Admission Application / First Instance

Legal Issues

  1. 1 Whether the applicant, currently on parole for a serious criminal conviction, is eligible for admission as an advocate.
  2. 2 Whether the applicant is a fit and proper person to be admitted to the advocates’ profession.

Ratio Decidendi

The court found that the applicant, having a serious criminal conviction for rape and currently being on parole, is still serving his sentence and under supervision. The applicant failed to discharge the onus of proving that he is a fit and proper person to be admitted as an advocate. The allegations raised by the Bar were unchallenged and accepted as truthful. The court held that the application was premature and that public policy and statutory requirements preclude the admission of a parolee for such a serious offence. The application was dismissed and costs awarded against the applicant, including the costs of two counsel.

Court Disposition

Application dismissed with costs, including costs of two counsel.

Orders

  • The application is dismissed.
  • The applicant is ordered to pay the costs of this application.