Cape Bar Council v Stemmet (9183/2010) [2012] ZAWCHC 58 (1 March 2012)
Court
Western Cape High Court, Cape Town
Case number
9183/2010
Judges
Samela, Traverso
The High Court suspended an advocate for three years after finding misconduct involving direct client briefing, dishonesty, and undisclosed double briefing.
Van der Berg v General Council of the Bar of South Africa (270/06) [2007] ZASCA 16; [2007] SCA 16 (RSA); [2007] 2 All SA 499 (SCA) (22 March 2007)
Court
Supreme Court of Appeal
Case number
270/06
Judges
Harms, Streicher, Nugent, Lewis, Musi
The Supreme Court of Appeal held that the appellant breached his professional duties as an advocate in several respects. He failed to disclose material facts that were relevant to the truth of evidence placed before the court, thereby allowing misleading evidence to be presented. He received fees other than through an attorney, which was a consequence of acting without proper instructions. The appellant associated himself with a mandate that was detrimental to the reputation of the profession and made false statements in executing that mandate, lending his professional standing to a fraudulen…