Van Eeden and Another v Prokureursorde van die Noordelike Provinsies and Another (557/2007) [2008] ZASCA 91; [2009] 1 All SA 477 (SCA) (12 September 2008)

Van Eeden and Another v Prokureursorde van die Noordelike Provinsies and Another (557/2007) [2008] ZASCA 91; [2009] 1 All SA 477 (SCA) (12 September 2008)

The Supreme Court of Appeal held that the appellant failed to discharge the burden of proving that he was a fit and proper person to be re-admitted as an attorney. The court found that the probabilities overwhelmingly indicated that the appellant, with the assistance of his father, was responsible for the disappearance of the firm's accounting records, which was intended to frustrate the investigation into trust account shortages. The appellant's explanations regarding the missing records were inconsistent and unconvincing, and his conduct in forcibly entering the offices and attempting to remove files while under curatorship further demonstrated his unfitness. The assurances given by the...

Citation
[2008] ZASCA 91
Parties
Appellant: Albert Jacob van Eeden; Respondent: Prokureursorde van die Noordelike Provinsies; Respondent: Die Getrouheidsfonds vir Prokureurs
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
12 September 2008
Case Number
557/2007
Procedural Posture
Civil Appeal / Appeal From Refusal of Re Admission Application
Outcome
Appeal dismissed. Appellant ordered to pay the first respondent's costs on the attorney and client scale.
Judges
Scott, Farlam, Ponnan, Combrinck, Leach
Legal Topics
Attorneys Act Section 15, Re Admission of Attorneys, Trust Account Shortage, Fitness to Practice, Burden of Proof
Civil Procedure Commercial and Corporate Attorneys Act Section 15 Re Admission of Attorneys Trust Account Shortage Fitness to Practice Burden of Proof

Case Brief

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Parties

Albert Jacob van Eeden

Appellant

Prokureursorde van die Noordelike Provinsies

Respondent

Die Getrouheidsfonds vir Prokureurs

Respondent

Procedural Posture

Civil Appeal / Appeal From Refusal of Re Admission Application

Legal Issues

  1. 1 Whether the appellant proved he was a fit and proper person to be re-admitted as an attorney.
  2. 2 Whether the appellant established that there was no trust account shortage.
  3. 3 Whether the appellant's conduct regarding the disappearance of accounting records disqualified him from re-admission.

Ratio Decidendi

The Supreme Court of Appeal held that the appellant failed to discharge the burden of proving that he was a fit and proper person to be re-admitted as an attorney. The court found that the probabilities overwhelmingly indicated that the appellant, with the assistance of his father, was responsible for the disappearance of the firm's accounting records, which was intended to frustrate the investigation into trust account shortages. The appellant's explanations regarding the missing records were inconsistent and unconvincing, and his conduct in forcibly entering the offices and attempting to remove files while under curatorship further demonstrated his unfitness. The assurances given by the...

Court Disposition

Appeal dismissed. Appellant ordered to pay the first respondent's costs on the attorney and client scale.

Orders

  • The appeal is dismissed.
  • The appellant is ordered to pay the first respondent's costs on the attorney and client scale.