Wilkinson v Law Society of the Northern Provinces (45601/2014) [2016] ZAGPPHC 238 (8 April 2016)

Wilkinson v Law Society of the Northern Provinces (45601/2014) [2016] ZAGPPHC 238 (8 April 2016)

The court found that the applicant's grounds for leave to appeal were a repetition of arguments already considered and rejected in the main judgment. The new contention regarding the acting judge's membership in the Law Society was dismissed as unfounded, since the Code of Judicial Conduct only prohibits participation where the judge's firm is involved, which was not the case here. The court held that its discretion in striking the applicant off the roll was properly exercised and that there was no reasonable prospect that another court would reach a different conclusion. Accordingly, the application for leave to appeal was dismissed with costs.

Citation
[2016] ZAGPPHC 238
Parties
Applicant: Joseph Joshua Wilkinson; Respondent: The Law Society of the Northern Provinces
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
8 April 2016
Case Number
45601/2014
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Judgment Striking Applicant Off the Roll of Attorneys.
Outcome
Application for leave to appeal dismissed with costs on an attorney and client scale.
Judges
T.M. Makgoka, M.G. Phatudi
Legal Topics
Leave to Appeal, Striking Off Roll, Judicial Discretion
Civil Procedure Leave to Appeal Striking Off Roll Judicial Discretion

Case Brief

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Parties

Joseph Joshua Wilkinson

Applicant

The Law Society of the Northern Provinces

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Judgment Striking Applicant Off the Roll of Attorneys.

Legal Issues

  1. 1 Whether there are reasonable prospects that another court would reach a different conclusion regarding the striking off of the applicant's name from the roll of attorneys.
  2. 2 Whether the participation of an acting judge who is a member of the Law Society constitutes grounds for recusal or unfair trial.
  3. 3 Whether the court's discretion in imposing the sanction of striking off was properly exercised.

Ratio Decidendi

The court found that the applicant's grounds for leave to appeal were a repetition of arguments already considered and rejected in the main judgment. The new contention regarding the acting judge's membership in the Law Society was dismissed as unfounded, since the Code of Judicial Conduct only prohibits participation where the judge's firm is involved, which was not the case here. The court held that its discretion in striking the applicant off the roll was properly exercised and that there was no reasonable prospect that another court would reach a different conclusion. Accordingly, the application for leave to appeal was dismissed with costs.

Court Disposition

Application for leave to appeal dismissed with costs on an attorney and client scale.

Orders

  • The application for leave to appeal is dismissed with costs on a scale as between attorney and client.