Wilkinson v Law Society of the Northern Provinces (783/2016) [2017] ZASCA 69 (31 May 2017)

Wilkinson v Law Society of the Northern Provinces (783/2016) [2017] ZASCA 69 (31 May 2017)

The Supreme Court of Appeal found that the appellant had failed to account for trust funds entrusted to him by the National Department of Rural Development and Land Reform, did not invest the funds as instructed, and dissipated a substantial portion for personal benefit. His explanations were unsubstantiated and, in several respects, dishonest. The deficit in the trust account exceeded R10 million and was not credibly explained. The appellant's conduct demonstrated a lack of honesty and integrity required of an attorney and officer of the court. The high court exercised its discretion judicially in ordering the appellant's name to be struck off the roll, as the seriousness of the...

Citation
[2017] ZASCA 69
Parties
Appellant: Joseph Joshua Wilkinson; Respondent: Law Society of the Northern Provinces
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
31 May 2017
Case Number
783/2016
Procedural Posture
Civil Appeal / Appeal From Gauteng Division, Pretoria, High Court
Outcome
Appeal dismissed with costs taxed on the attorney and client scale.
Judges
Lewis, Wallis, Saldulker, Zondi, Coppin
Legal Topics
Attorneys Act, Misappropriation of Trust Funds, Failure to Account, Striking Off, Fit and Proper Person, Disciplinary Proceedings
Civil Procedure Commercial and Corporate Attorneys Act Misappropriation of Trust Funds Failure to Account Striking Off Fit and Proper Person Disciplinary Proceedings

Case Brief

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Parties

Joseph Joshua Wilkinson

Appellant

Law Society of the Northern Provinces

Respondent

Procedural Posture

Civil Appeal / Appeal From Gauteng Division, Pretoria, High Court

Legal Issues

  1. 1 Whether the appellant was guilty of misappropriation of trust funds and failure to account to his client.
  2. 2 Whether the appellant was a fit and proper person to continue practising as an attorney and conveyancer.
  3. 3 Whether the sanction of striking off was appropriate or whether suspension would suffice.

Ratio Decidendi

The Supreme Court of Appeal found that the appellant had failed to account for trust funds entrusted to him by the National Department of Rural Development and Land Reform, did not invest the funds as instructed, and dissipated a substantial portion for personal benefit. His explanations were unsubstantiated and, in several respects, dishonest. The deficit in the trust account exceeded R10 million and was not credibly explained. The appellant's conduct demonstrated a lack of honesty and integrity required of an attorney and officer of the court. The high court exercised its discretion judicially in ordering the appellant's name to be struck off the roll, as the seriousness of the...

Court Disposition

Appeal dismissed with costs taxed on the attorney and client scale.

Orders

  • The appeal is dismissed with costs, such costs to be taxed on the scale of attorney and client.