Van Der Merwe v Law Society of the Northern Provinces (23080/2013) [2013] ZAGPPHC 386 (29 November 2013)

Van Der Merwe v Law Society of the Northern Provinces (23080/2013) [2013] ZAGPPHC 386 (29 November 2013)

The respondent's conduct, including persistent failure to submit auditor's reports, practising without a Fidelity Fund certificate, misappropriation of trust funds, and repeated breaches of the Attorneys Act and the Law Society's Rules, demonstrates a gross deviation from the professional standards required of attorneys. The respondent failed to comply with previous court orders and disciplinary measures, and his explanations for his conduct were unsatisfactory. The cumulative effect of these contraventions and complaints establishes that the respondent is no longer a fit and proper person to practise as an attorney. The court has a duty to protect the public and the integrity of the...

Citation
[2013] ZAGPPHC 386
Parties
Applicant: The Law Society of the Northern Provinces; Respondent: Roelof Johannes van der Merwe
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
29 November 2013
Case Number
23080/2013
Procedural Posture
Urgent Application / Final Judgment
Outcome
The respondent's name is struck from the roll of attorneys. A curator is appointed to administer and control the respondent's trust accounts. The respondent is removed from office in all fiduciary capacities and ordered to pay costs on an attorney-and-client scale.
Judges
AA Louw, TJ Rauling
Legal Topics
Attorneys Act, Professional Misconduct, Trust Account Management, Disciplinary Proceedings, Fidelity Fund Certificate, Striking Off Roll
Civil Procedure Commercial and Corporate Attorneys Act Professional Misconduct Trust Account Management Disciplinary Proceedings Fidelity Fund Certificate Striking Off Roll

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Parties

The Law Society of the Northern Provinces

Applicant

Roelof Johannes van der Merwe

Respondent

Procedural Posture

Urgent 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 striking his name from the roll of attorneys.
  3. 3 Whether the respondent contravened the Attorneys Act and the Law Society's Rules, including trust account management and professional standards.

Ratio Decidendi

The respondent's conduct, including persistent failure to submit auditor's reports, practising without a Fidelity Fund certificate, misappropriation of trust funds, and repeated breaches of the Attorneys Act and the Law Society's Rules, demonstrates a gross deviation from the professional standards required of attorneys. The respondent failed to comply with previous court orders and disciplinary measures, and his explanations for his conduct were unsatisfactory. The cumulative effect of these contraventions and complaints establishes that the respondent is no longer a fit and proper person to practise as an attorney. The court has a duty to protect the public and the integrity of the...

Court Disposition

The respondent's name is struck from the roll of attorneys. A curator is appointed to administer and control the respondent's trust accounts. The respondent is removed from office in all fiduciary capacities and ordered to pay costs on an attorney-and-client scale.

Orders

  • The name of Roelof Johannes van der Merwe is struck from the roll of attorneys of this Honourable Court.
  • The respondent must hand over his certificate of enrolment as an attorney to the Registrar within two weeks; failing which, the sheriff is authorised to take possession and deliver it to the Registrar.