South African Legal Practice Council v Jacobson (92401/2019) [2020] ZAGPPHC 697 (26 November 2020)

South African Legal Practice Council v Jacobson (92401/2019) [2020] ZAGPPHC 697 (26 November 2020)

The court found that the respondent persistently failed to comply with statutory and professional obligations, including the submission of auditor's reports and payment of membership fees, and continued to practice without a Fidelity Fund Certificate. The respondent ignored repeated requests and disciplinary...

Source-derived case information.

Citation
[2020] ZAGPPHC 697
Parties
Applicant: South African Legal Practice Council; Respondent: Christina Mai Jacobson
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
26 November 2020
Case Number
92401/2019
Procedural Posture
Urgent Application / Interlocutory Suspension Pending Main Application
Outcome
The respondent is suspended from practicing as a legal practitioner pending finalisation of the main application and must show cause why her name should not be struck from the Roll of Legal Practitioners.
Judges
G.T. Avvakoumides, J.E. Dlamini
Legal Topics
Legal Practitioners Fitness, Fidelity Fund Certificate, Disciplinary Proceedings, Attorneys Act, Legal Practice Act
Civil Procedure Commercial and Corporate Legal Practitioners Fitness Fidelity Fund Certificate Disciplinary Proceedings Attorneys Act Legal Practice Act

Source-derived case record

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 2 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

South African Legal Practice Council

Applicant

Christina Mai Jacobson

Respondent

Procedural Posture

Urgent Application / Interlocutory Suspension Pending Main Application

Legal Issues

  1. 1 Whether the respondent is a fit and proper person to remain on the Roll of Legal Practitioners.
  2. 2 Whether the respondent's conduct has been established on a preponderance of probabilities.
  3. 3 What sanction should be imposed for the respondent's conduct.

Ratio Decidendi

The court found that the respondent persistently failed to comply with statutory and professional obligations, including the submission of auditor's reports and payment of membership fees, and continued to practice without a Fidelity Fund Certificate. The respondent ignored repeated requests and disciplinary proceedings and failed to provide any explanation or defence. The court held that such conduct does not meet the required standard for attorneys and officers of the court. On a balance of probabilities, the respondent was found not to be a fit and proper person to continue practicing as an attorney. The order of suspension was justified and necessary to protect the integrity of the...

Court Disposition

The respondent is suspended from practicing as a legal practitioner pending finalisation of the main application and must show cause why her name should not be struck from the Roll of Legal Practitioners.

Orders

  • The respondent is suspended from practice as a legal practitioner pending finalisation of the main application.
  • The respondent is called upon to show cause, on or before 9 March 2021, why her name should not be struck from the Roll of Legal Practitioners.