Samuels v Law Society of the Northern Provinces (12992/2017) [2018] ZAGPPHC 746 (12 March 2018)

Samuels v Law Society of the Northern Provinces (12992/2017) [2018] ZAGPPHC 746 (12 March 2018)

The court found that the nature of the orders sought in Part A were final in effect and suggestive of an inspection having been established first. The court held that another court may reasonably find that it was necessary to conduct an inspection prior to suspending the applicant and that the applicant's view, based on communications from the Law Society, may have been justified. The application for leave to appeal was granted on the basis that there are reasonable prospects another court may reach a different conclusion regarding the appealability and appropriateness of the suspension order.

Citation
[2018] ZAGPPHC 746
Parties
Applicant: Paulos Lepekola Samuels; Respondent: Law Society of the Northern Provinces
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
12 March 2018
Case Number
12992/2017
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against an Order of Suspension Pending Finalization of Further Proceedings.
Outcome
Leave to appeal granted to the full bench of the division; costs to be in the appeal.
Judges
V.V Tlhapi
Legal Topics
Interim Orders, Appealability, Suspension of Attorneys, Trust Account Inspection, Urgent Application
Civil Procedure Commercial and Corporate Interim Orders Appealability Suspension of Attorneys Trust Account Inspection Urgent Application

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

Paulos Lepekola Samuels

Applicant

Law Society of the Northern Provinces

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against an Order of Suspension Pending Finalization of Further Proceedings.

Legal Issues

  1. 1 Whether the interim order suspending the applicant from practice pending finalization of Part B is appealable.
  2. 2 Whether the order granted was final in effect or susceptible to alteration by the court of first instance.
  3. 3 Whether the applicant was justified in refusing inspection of trust accounts pending resolution of a related civil action.

Ratio Decidendi

The court found that the nature of the orders sought in Part A were final in effect and suggestive of an inspection having been established first. The court held that another court may reasonably find that it was necessary to conduct an inspection prior to suspending the applicant and that the applicant's view, based on communications from the Law Society, may have been justified. The application for leave to appeal was granted on the basis that there are reasonable prospects another court may reach a different conclusion regarding the appealability and appropriateness of the suspension order.

Court Disposition

Leave to appeal granted to the full bench of the division; costs to be in the appeal.

Orders

  • The applicant is granted leave to appeal his order of suspension to the full bench of this division.
  • Costs to be in the appeal.