Theron v Law Society of the Cape of Good Hope (6602/13) [2015] ZAWCHC 23 (6 March 2015)

Theron v Law Society of the Cape of Good Hope (6602/13) [2015] ZAWCHC 23 (6 March 2015)

The court found that the applicant failed to discharge the onus of proving genuine, complete and permanent reformation of character required for re-admission. The period between striking-off and the application was too short to demonstrate rehabilitation. The applicant continued to offer shifting and unconvincing explanations for his misconduct, failed to fully appreciate the seriousness of misappropriating trust funds, and did not address statutory requirements regarding executor's fees. The character evidence presented was insufficient, as most witnesses were friends or associates lacking professional insight, and their opinions were formed before the applicant was struck off. The...

Citation
[2015] ZAWCHC 23
Parties
Applicant: Servaas Daniel Theron; Respondent: The Law Society of the Cape of Good Hope
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
6 March 2015
Case Number
6602/13
Procedural Posture
Re Admission Application / Judgment on Application for Re Admission as Attorney and Conveyancer
Outcome
Application for re-admission as attorney and conveyancer dismissed with costs.
Judges
Ndita, Rogers
Legal Topics
Attorneys Act Re Admission, Fit and Proper Person, Onus of Proof, Character Evidence, Misappropriation of Trust Funds
Civil Procedure Attorneys Act Re Admission Fit and Proper Person Onus of Proof Character Evidence Misappropriation of Trust Funds

Case Brief

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Parties

Servaas Daniel Theron

Applicant

The Law Society of the Cape of Good Hope

Respondent

Procedural Posture

Re Admission Application / Judgment on Application for Re Admission as Attorney and Conveyancer

Legal Issues

  1. 1 Whether the applicant has demonstrated genuine, complete and permanent reformation of character since being struck off the roll.
  2. 2 Whether the applicant is now a fit and proper person to be re-admitted and re-enrolled as an attorney and conveyancer.
  3. 3 Whether the applicant has discharged the onus of proving that the defect of character or attitude which led to his removal no longer exists.

Ratio Decidendi

The court found that the applicant failed to discharge the onus of proving genuine, complete and permanent reformation of character required for re-admission. The period between striking-off and the application was too short to demonstrate rehabilitation. The applicant continued to offer shifting and unconvincing explanations for his misconduct, failed to fully appreciate the seriousness of misappropriating trust funds, and did not address statutory requirements regarding executor's fees. The character evidence presented was insufficient, as most witnesses were friends or associates lacking professional insight, and their opinions were formed before the applicant was struck off. The...

Court Disposition

Application for re-admission as attorney and conveyancer dismissed with costs.

Orders

  • The application for re-admission and re-enrolment as an attorney and conveyancer is dismissed.
  • The applicant is ordered to pay the costs of the application.