Law Society of the Northern Provinces v Van Den Berg (44078/2012) [2013] ZAGPPHC 151 (12 June 2013)

Law Society of the Northern Provinces v Van Den Berg (44078/2012) [2013] ZAGPPHC 151 (12 June 2013)

The respondent failed to comply with statutory and regulatory requirements essential to the legal profession, including practising without a fidelity fund certificate, failing to submit auditor's reports, not notifying the Law Society of his change of address, and failing to respond to correspondence. These actions constitute unprofessional conduct and place the public and trust creditors at risk. The court, exercising its discretion, found that the respondent is not a fit and proper person to continue practising as an attorney. The seriousness of practising without a fidelity fund certificate and the failure to maintain proper accounting records justified the respondent's removal from...

Citation
[2013] ZAGPPHC 151
Parties
Applicant: The Law Society of the Northern Provinces; Respondent: Samuel Jacobus Van Den Berg
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
12 June 2013
Case Number
44078/2012
Procedural Posture
Disciplinary Application / Final Judgment
Outcome
The respondent is removed from the roll of attorneys and a curator bonis is appointed to administer his trust accounts. Costs are awarded against the respondent on an attorney and client scale.
Judges
P.Z. Ebersohn, T.A. Maumela
Legal Topics
Attorneys Act, Professional Misconduct, Fidelity Fund Certificate, Failure to Keep Accounting Records, Unprofessional Conduct
Civil Procedure Commercial and Corporate Attorneys Act Professional Misconduct Fidelity Fund Certificate Failure to Keep Accounting Records Unprofessional Conduct

Case Brief

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Parties

The Law Society of the Northern Provinces

Applicant

Samuel Jacobus Van Den Berg

Respondent

Procedural Posture

Disciplinary Application / Final Judgment

Legal Issues

  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 removal from the roll of attorneys.
  3. 3 Whether the respondent's failure to comply with statutory and regulatory requirements constitutes unprofessional conduct.

Ratio Decidendi

The respondent failed to comply with statutory and regulatory requirements essential to the legal profession, including practising without a fidelity fund certificate, failing to submit auditor's reports, not notifying the Law Society of his change of address, and failing to respond to correspondence. These actions constitute unprofessional conduct and place the public and trust creditors at risk. The court, exercising its discretion, found that the respondent is not a fit and proper person to continue practising as an attorney. The seriousness of practising without a fidelity fund certificate and the failure to maintain proper accounting records justified the respondent's removal from...

Court Disposition

The respondent is removed from the roll of attorneys and a curator bonis is appointed to administer his trust accounts. Costs are awarded against the respondent on an attorney and client scale.

Orders

  • The name of Samuel Jacobus Van Den Berg is removed from the roll of attorneys.
  • The respondent must immediately surrender his certificate of enrolment to the Registrar of the High Court.