Prokureursorde van die Noordelike Provinsies (Ingelyf as die Prokureursorde van Transvaal) v Van Zweel (44223/07) [2009] ZAGPPHC 45 (27 March 2009)

Prokureursorde van die Noordelike Provinsies (Ingelyf as die Prokureursorde van Transvaal) v Van Zweel (44223/07) [2009] ZAGPPHC 45 (27 March 2009)

The respondent engaged in sustained dishonest conduct by falsely representing herself as a conveyancer, executing a deed without qualification, and forging a court order to mislead her employer and the Registrar of Deeds. Her explanations were unconvincing, and she failed to show genuine insight or remorse. The...

Source-derived case information.

Citation
[2009] ZAGPPHC 45
Parties
Applicant: Die Prokureursorde van die Noordelike Provinsies (Ingelyf as die Prokureursorde van Transvaal); Respondent: Yolandi Van Zweel
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Case Number
44223/07
Procedural Posture
Urgent Application / Application for Striking Respondent's Name From the Roll of Attorneys
Outcome
The respondent's name is struck from the roll of attorneys of this court.
Judges
W R C Prinsloo, A A Louw
Legal Topics
Attorney Striking Off, Professional Misconduct, Dishonesty, Conveyancing, Disciplinary Proceedings
Civil Procedure Commercial and Corporate Attorney Striking Off Professional Misconduct Dishonesty Conveyancing Disciplinary Proceedings

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Parties

Die Prokureursorde van die Noordelike Provinsies (Ingelyf as die Prokureursorde van Transvaal)

Applicant

Yolandi Van Zweel

Respondent

Procedural Posture

Urgent Application / Application for Striking Respondent's Name From the Roll of Attorneys

  1. 1 Whether the respondent is a fit and proper person to continue practising as an attorney.
  2. 2 Whether the respondent's conduct warrants her name being struck from the roll of attorneys.
  3. 3 Whether suspension rather than striking off is appropriate under the circumstances.

Ratio Decidendi

The respondent engaged in sustained dishonest conduct by falsely representing herself as a conveyancer, executing a deed without qualification, and forging a court order to mislead her employer and the Registrar of Deeds. Her explanations were unconvincing, and she failed to show genuine insight or remorse. The conduct was not a single lapse but persisted over months, undermining the integrity of the profession and public trust. The court found no exceptional circumstances to justify suspension rather than striking off. The respondent is not a fit and proper person to continue practising as an attorney, and her name must be struck from the roll.

Court Disposition

The respondent's name is struck from the roll of attorneys of this court.

Orders

  • The respondent's name is struck from the roll of attorneys of this court.
  • The respondent must surrender her certificate of enrolment as an attorney to the Registrar of this court.