of Raseboye (30717/2008), Ex parte [2009] ZAGPPHC 270 (7 August 2009)

of Raseboye (30717/2008), Ex parte [2009] ZAGPPHC 270 (7 August 2009)

The court found that the applicant had completed his articles of clerkship as required by the Attorneys Act, and had gained sufficient experience in various legal disciplines. The allegations of misconduct and lack of experience made by the principal were unsupported by evidence, hearsay, and not corroborated by any affidavits or documentation. The Law Society was unable to make a finding and left the matter to the court's discretion. Applying the Plascon-Evans rule, the court rejected the principal's allegations as far-fetched and untenable, and accepted the applicant's version. There was no tangible evidence that the applicant was not a fit and proper person. The applicant satisfied all...

Citation
[2009] ZAGPPHC 270
Parties
Applicant: Lesiba Benjamin Raseboye
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
7 August 2009
Case Number
30717/2008
Procedural Posture
Admission Application / Final Determination
Outcome
The applicant is admitted as an attorney of the High Court of South Africa.
Judges
N.M. Mavundla, P.M. Mabuse
Legal Topics
Admission of Attorneys, Fit and Proper Person, Articles of Clerkship, Attorneys Act Compliance
Civil Procedure Admission of Attorneys Fit and Proper Person Articles of Clerkship Attorneys Act Compliance

Case Brief

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Parties

Lesiba Benjamin Raseboye

Applicant

Procedural Posture

Admission Application / Final Determination

Legal Issues

  1. 1 Whether the applicant is a fit and proper person to be admitted as an attorney of the High Court.
  2. 2 Whether the applicant completed the prescribed period of articles of clerkship under the Attorneys Act.
  3. 3 Whether the allegations of misconduct and lack of experience made by the principal are substantiated.

Ratio Decidendi

The court found that the applicant had completed his articles of clerkship as required by the Attorneys Act, and had gained sufficient experience in various legal disciplines. The allegations of misconduct and lack of experience made by the principal were unsupported by evidence, hearsay, and not corroborated by any affidavits or documentation. The Law Society was unable to make a finding and left the matter to the court's discretion. Applying the Plascon-Evans rule, the court rejected the principal's allegations as far-fetched and untenable, and accepted the applicant's version. There was no tangible evidence that the applicant was not a fit and proper person. The applicant satisfied all...

Court Disposition

The applicant is admitted as an attorney of the High Court of South Africa.

Orders

  • The applicant, Lesiba Benjamin Raseboye, is admitted and enrolled as an attorney of the High Court of South Africa.
  • Condonation for the late application for admission is granted.