Society of Advocates of Kwazulu-Natal v Lange (8049/2015) [2016] ZAKZPHC 99 (15 August 2016)

Society of Advocates of Kwazulu-Natal v Lange (8049/2015) [2016] ZAKZPHC 99 (15 August 2016)

The court found that the respondent's conduct in filing a misleading affidavit before the North Gauteng High Court, by failing to disclose her prior arrangement with Advocate Wild and the true circumstances of the sale in execution, constituted professional misconduct and fell short of the high ethical standards required of advocates. However, the respondent did not fabricate evidence or lie under oath, and her subsequent full disclosure to the disciplinary committee was consistent with the facts. The court accepted that the respondent's misconduct was a moral lapse influenced by her longstanding relationship with Wild and psychological distress, rather than a fundamental character...

Citation
[2016] ZAKZPHC 99
Parties
Applicant: Society of Advocates of Kwazulu-Natal; Respondent: Natalie Diana Lange
Court
Kwazulu-Natal High Court, Pietermaritzburg
Jurisdiction
South Africa
Judgment Date
15 August 2016
Case Number
8049/2015
Procedural Posture
Disciplinary Application / Final Judgment
Outcome
The respondent is suspended from practising as an advocate for six months, effective from 1 July 2016, and ordered to pay the applicant's costs on an attorney and client scale, including the costs of two counsel.
Judges
Chetty, Balton
Legal Topics
Professional Misconduct, Disciplinary Proceedings, Fit and Proper Person, Advocate Suspension
Civil Procedure Commercial and Corporate Professional Misconduct Disciplinary Proceedings Fit and Proper Person Advocate Suspension

Case Brief

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Parties

Society of Advocates of Kwazulu-Natal

Applicant

Natalie Diana Lange

Respondent

Procedural Posture

Disciplinary Application / Final Judgment

Legal Issues

  1. 1 Whether the respondent is a fit and proper person to practise as an advocate.
  2. 2 Whether the respondent's conduct in filing a misleading affidavit constitutes professional misconduct.
  3. 3 Whether the sanction of suspension, rather than striking off, is appropriate given the circumstances.

Ratio Decidendi

The court found that the respondent's conduct in filing a misleading affidavit before the North Gauteng High Court, by failing to disclose her prior arrangement with Advocate Wild and the true circumstances of the sale in execution, constituted professional misconduct and fell short of the high ethical standards required of advocates. However, the respondent did not fabricate evidence or lie under oath, and her subsequent full disclosure to the disciplinary committee was consistent with the facts. The court accepted that the respondent's misconduct was a moral lapse influenced by her longstanding relationship with Wild and psychological distress, rather than a fundamental character...

Court Disposition

The respondent is suspended from practising as an advocate for six months, effective from 1 July 2016, and ordered to pay the applicant's costs on an attorney and client scale, including the costs of two counsel.

Orders

  • The respondent is suspended from practising as an advocate for a period of six (6) months, such suspension to operate from 1 July 2016.
  • The respondent is to pay the applicant’s costs, including the costs of two (2) counsel, on an attorney and client scale.