Particulars of Disciplinary Hearings

S Gross Gross, Papadopulo & Associates

REF:6232019 “In that you are guilty of misconduct in terms of Clause 21 of the Legal Practice Council’s Code of Conduct in that you breached and / or contravened Clause 3.8 of the Code read with Rule 54.12 of the Rules, in that you failed to account faithfully, accurately and timeously for monies received from your client, to keep such monies separate from your own money and to retain such monies for only as long as is strictly necessary.”

The Attorney appeared before this Disciplinary Committee and pleaded not guilty to the charge.

The Committee FOUND the Attorney GUILTY of the charge and IMPOSED a FINE of R 10 000.00 wholly suspended for a period of 3 years on condition that the Attorney is not found guilty of a similar offence during the period of suspension.

The Committee ORDERED that the Attorney pay the PRO RATA COSTS of the enquiry.

U A Roux Roux (Ulrich) & Associates Inc.

REF:28442018 “In that you made yourself guilty of misconduct in that you breached and / or contravened paragraph 18.14 of the Code of Conduct, in that you failed to perform professional work or work of a kind commonly performed by an Attorney with such a degree of skill, care or attention, or of such a quality or standard, as may reasonably be expected from a Legal Practitioner, by taking it upon yourself to transfer interest belonging to Mrs D P Bhadree to a third party without her consent.”

The Attorney failed to appear before this Disciplinary Committee.

The Attorney submitted a written request for a postponement which was presented to the Committee and opposed by the Legal Practice Council.

The Committee CONSIDERED the application and the submissions made by the Legal Practice Council in opposition thereof and DISMISSED the application.

The Committee RULED that the matter proceed in the absence of the Attorney in terms of Rule 41.4.1 of the Legal Practice Council Rules and a plea of NOT GUILTY was entered on behalf of the Attorney.

The complainant’s evidence was led by the Legal Officer and the Committee used the documentary evidence the Attorney submitted during the investigation process for the purpose of delivering a verdict and sanction.

The Committee FOUND the Attorney GUILTY of the charge and HELD that the Attorney must reimburse the complainant, in terms of Section 40(a)(a)(i) of the Legal Practice Act 28 of 2014 an amount of R41 014.12, being the interest accrued in the Section 78(2A) investment account.
Should the Attorney fail to comply with the order, the matter should be referred to Council in terms of Section 40(a)(a)(i) of the Legal Practice Act 28 of 2014, to make an application for the sanction to be made an order of Court by any Court with jurisdiction to hear the matter.

The Committee HELD that the Attorney is liable for the COSTS of the enquiry, which includes the reasonable travelling costs of the complainant.

H J Mhangani Mhangani Attorneys

REF:25112018 “In that you are guilty of misconduct in terms of Clause 21 of the Legal Practice Council’s Code of Conduct in that you breached and / or contravened Clause 18.14 of the Code, in that you failed to perform professional work or work of a kind commonly performed by an Attorney with such a degree of skill, care or attention, or of such a quality or standard, as may reasonably be expected of an Attorney.”

The Attorney appeared before this Disciplianry Committee and pleaded not guilty to the charge.

The Committee FOUND the Attorney GUILTY of the charge and IMPOSED a FINE of R20 000.00 of which R10 000.00 is suspended for a period of 3 years on condition that the Attorney is not found guilty of a similar charge during the period of suspension.

The fine of R10 000.00 is payable in instalments of R1 000.00 commencing on 1 May 2020.

J Moyo Moyo Inc. Attorneys

REF:61342013 “In that you are guilty of misconduct in terms of Clause 21 of the Legal Practice Council’s Code of Conduct in that you breached and / or contravened:

1) Paragraph 18.14 of the Code, in that you failed to perform professional work or work of a kind commonly performed by an Attorney with such a degree of skill, care or attention, or of such a quality or standard, as may reasonably be expected of an Attorney in the matter of your client Mr T S Motsoane in that you:

a) failed to give proper attention to the matter;
b) failed to attend meetings timeously;
c) issued a Notice of Set Down for enrolment on a date not allocated for the matter; and

2) Paragraph 16.1 of the Code, in that you failed to respond in a reasonable time to correspondence addressed to you by Mr T S Motsoane, which require and answer, unless good cause for refusing an answer exists.”

The Attorney appeared before this Discplinary Committee and pleaded not guilty to charge 1, charge 2 was withdrawn.

The Committee FOUND the Attorney GUILTY of charge 1 (a) and IMPOSED a FINE of R20 000.00 of which R10 000.00 is suspended for a period of 3 years on condition that the Attorney is not found guilty of a similar charge during the period of suspension.

The Committee HELD that the Attorney is liable for 50% of the COSTS of the enquiry.

A P Phefadu Phefadu (A.P) Inc. Attorney

REF:38082017 “In that you are guilty of misconduct in terms of Clause 21 of the Legal Practice Council’s Code of Conduct in that you breached and / or contravened:

1) Paragraph 3.11 of the Code, in that you failed to use your best efforts to carry out work in a competent and timely manner and not take on work which you do not reasonably believe you will be able to carry out in that manner; and

2) Paragraph 3.15 read with 16.3 of the Code, in that you brought the Attorneys’ profession into disrepute, and

3) Paragraph 18.14 of the Code, in that you failed to perform professional work or work of a kind commonly performed by an Attorney with such a degree of skill, care or attention, or of such a quality or standard, as may reasonably be expected of an Attorney,”

The Attorney appeared before this Disciplinary Committee and pleaded not guilty to the charges.

The Committee FOUND the Attorney NOT GUILTY of charge 1 and 2 as pleaded.

The Committee FOUND the Attorney GUILTY of charge 3 and IMPOSED A FINE of R10 000.00 which is payable in 4 monthly instalments.

The Committee HELD that the Attorney is liable for 50% of the COSTS of the enquiry.

K Matlala Matlala (Keith) Attorneys

REF:76692015 “In that you are guilty of misconduct in terms of Clause 21 of the Legal Practice Council’s Code of Conduct in that you breached and / or contravened Rule 54.12 of the of the Code, in that you and / or your firm failed to, within a reasonable time after the performance or earlier termination of any mandate, account to your client in writing and retain a copy of each such account for not less than five years, each account containing details of:
a) All amounts received by it in connection with the matter concerned, appropriately explained;
b) All disbursements and other payments made by it in connection with the matter;
c) All fees and other charges charged to or raised against the client and, where any fe represents an agreed fee, a statement that such fee was agreed upon and the amount so agreed;
d) The amount owing to or by the client

The Attorney appeared before this Disicplinary Committee and pleaded not guilty to the charge.

The Committee NOTED that the Attorney admitted that he did not retain a copy of the Statement of Account.

The Committee FOUND the Attorney GUILTY of the charge and IMPOSED a FINE of R3 000.00 which is payable in two monthly instalments from 1 March 2021.

The Committee HELD that the Attorney is liable for 50% of the COSTS of the enquiry.

M C N Ledwaba Fantisi Attorneys

REF:1002016 “In that you are guilty of misconduct in terms of Clause 21 of the Legal Practice Council’s Code of Conduct in that you breached and / or contravened:

1. Rule 54.14.8 of the Rules, in that you and / or your firm failed to ensure that the total amount of money in the firm’s trust banking account, trust investment account and trust cash at any date shall not be less than the total amount of the credit balances of the creditors shown in its accounting records; and

2. Rule 54.9 of the Rules, in that you and / or your firm failed to retain its accounting records, and all files and documents relating to matters dealt with by the firm on behalf of clients, at no place other than the firm’s main office; and
3. Clause 3.3 of the Code, in that you failed to treat the interests of your clients as paramount; and

4. Clause 18.2 of the Code, in that you failed to issue receipts for monies received.”

The Attorney appeared before this Discplinary Committee and pleaded guilty to the charges.

The Disciplinary Committee FOUND the Attorney GUILTY of the charges as pleaded, and upon consideration of submissions in the aggravation and mitigation, RECOMMENDED that the matter be referred to council for consideration of the following:

• That Mr M C N Ledwaba be suspended from practicing for his own account in terms of Rule 43.4.1.3 read with sub-rule 43.4.1.4.3 of the Legal Practice Council Rules;
• That Mr M C N Ledwaba’s Fidelity Fund Certificate (FFC) is be withdrawn for the period mentioned above; and
• Should Mr M C N Ledwaba wish to start practicing for his own account, at the lapse of the two (2) year period, he must produce to the satisfaction of the Legal Practice Council proof that he has attended and completed a bookkeeping course accredited by the Council.

C F Mashele

REF:63172018 “In that you are guilty of misconduct in terms of Clause 21 of the Legal Practice Council’s Code of Conduct in that you breached and / or contravened:

1. Clause 27.2 of the Code, in that you accepted instructions or brief directly from a client, without any intervention of an attorney or through an entity other that an entity mentioned in Clause 27.2.1 and 27.2.2; and

2. Clause 27.4 of the Code, in that you received monies in lieu of fees directly from the client; and

3. Clause 28.4 of the Code, in that you failed to attend to all work involved in the briefs.”

The Advocate appeared before this Disciplinary Committee and pleaded guilty to the charges.

The Committee FOUND the Advocate GUILTY of the charges as pleaded and took the charges together for sentencing purposes and IMPOSED a FINE of R 3000.00 which is payable on or before 15 April 2021.

The Committee ORDERED that the Advocate is liable for the PRO RATA COSTS of the meeting.

The Committee further ORDERED in terms of Rule 43.4.1.1 the Advocate refund or pay compensation of R7 500.00 to the complainant on or before 15 April 2021, which payment is inclusive of agreed interest of R1 000.00, the refund must be paid directly into the complainant’s nominated bank account, being: Capitec Bank, Acc No: 1374583306, Account Holder: Ms S Mjijwa

REF:5732019 “In that you are guilty of misconduct in terms of Clause 21 of the Legal Practice Council’s Code of Conduct in that you breached and / or contravened:

1. Clause 27.2 of the Code, in that you accepted instructions or brief directly from a client, without any intervention of an attorney or through an entity other that an entity mentioned in Clause 27.2.1 and 27.2.2; and

2. Clause 27.4 of the Code, in that you received monies in lieu of fees directly from the client; and

3. Clause 28.4 of the Code, in that you failed to attend to all work involved in the briefs.”

The Advocate failed to appear before this Dsicplinary Committee.

That the matter proceeded in the absence of the Advocate in terms of Rule 41.4.1 of the Legal Practice Council Rules and A PLEA OF NOT GUILTY, was entered on his behalf.

The Committee FOUND the Attorney GUILTY of the charges and IMPOSED a FINE of R 5000.00 which is payable on or before 15 April 2021.

The Committee ORDERED that the Advocate is liable for the PRO RATA COSTS of the meeting.

The Committee further ORDERED in terms of Rule 43.4.1.1 the Advocate refund or pay compensation of R5 832.00 to the complainant on or before 15 April 2021, which payment is inclusive of 8% interest of R432.00, the amount must be paid directly into the complainants nominated bank account, being Ned Bank Acc No:1144851653, Branch Code:198765, Account Holder: Ms NN Phindiso, no later than 15 April 2021.

M O Mahlomotja Gauteng Division, Pretoria

REF:38712019 “In that you are guilty of misconduct in terms of Clause 21 of the Legal Practice Council’s Code of Conduct in that you breached and / or contravened:

1. Clause 27.2 of the Code, in that you accepted instructions or brief directly from a client, without any intervention of an attorney or through an entity other that an entity mentioned in Clause 27.2.1 and 27.2.2; and

2. Clause 27.4 of the Code, in that you received monies in lieu of fees directly from the client.”

The Advocate appeared before this Disciplinary Committee and pleaded not guilty to charge 1 and guilty to charge 2.

The Committee FOUND the Advocate GUILTY of the charges as pleaded and took the charges together for sentencing purposes and IMPOSED a FINE of R 3000.00 which is payable on or before 15 April 2021.

The Committee ORDERED that the Advocate is liable for the PRO RATA COSTS of the meeting.

The Committee further ORDERED in terms of Rule 43.4.1.1 that the Advocate refund or pay compensation of R10 700.00 to the complainant on or before 15 April 2021, which payment is inclusive of agreed interest of R700.00, the refund must be paid directly into the complainant’s nominated bank account.

MF Ramathopa Gauteng Division, Pretoria

REF:46402019 “In that you are guilty of misconduct in terms of Clause 21 of the Legal Practice Council’s Code of Conduct in that you breached and / or contravened:

1. Clause 27.2 of the Code, in that you accepted instructions or brief directly from a client, without any intervention of an attorney or through an entity other that an entity mentioned in Clause 27.2.1 and 27.2.2; and

2. Clause 27.4 of the Code, in that you received monies in lieu of fees directly from the client; and

3. Clause 28.4 of the Code, in that you failed to attend to all work involved in the brief.”

Tha Advocate appeared before this Disciplinary Committee and pleaded guilty to the charges.

The Committee FOUND the Advocate GUILTY of the charges as pleaded and took the charges together for sentencing purposes and IMPOSED a FINE of R 3000.00 which is payable on or before 15 April 2021.

The Committee ORDERED that the Advocate is liable for the PRO RATA COSTS of the meeting.

The Committee further ORDERED in terms of Rule 43.4.1.1, that the Advocate refund or pay compensation of R32 400.00 to the complainant on or before 20 March 2021, which payment is inclusive of agreed interest of R2 400.00, the refund must be paid directly into the complainant’s nominated bank account, being Nedbank Acc No: 1907500413, Branch: Springs, Acc Holder: ET Tshivhinda, no later than 20 March 2021.

K E Thipe Thipe (K) Inc. Attorneys

REF:65052018 In that you are guilty of misconduct in terms of Clause 21 of the Legal Practice Council’s Code of Conduct in that you breached and / or contravened:

1) Clause 3.11 of the Code, in that you failed to use your best efforts to carry out work in a competent and timely manner and not take on work which you do not reasonably believe you will be able to carry out in that manner; and
2) Clause 3.15 of the Code, in that you failed to refrain from doing anything which could or might bring the legal profession into disrepute; an
3) Clause 16.2 read with Clause 16.1 of the Code, in that you failed to within a reasonable time, respond fully to all communications and requests from the Council which require an answer dated 23 January 2019 and 29 July 2019, unless there was a good cause for refusing an answer; and
4) Clause 18.14 of the Code, in that you failed to perform professional work or work of a kind commonly performed by an Attorney with such a degree of skill, care or attention, or of such a quality or standard, as may reasonably be expected of an Attorney.”

The Attorney pleaded guilty to charges 1 to 3 and not guilty to charge 4.

The Committee FOUND the Attorney GUILTY of charge 1 as pleaded and IMPOSED a FINE of R 20 000.00 of which R 10 000.00 was suspended for a period of 3 years on condition that the attorney is not found guilty of a similar offence during the period of suspension.
The Committee FOUND the Attorney GUILTY of charge 2 as pleaded and IMPOSED a FINE of R 20 000.00 of which R 10 000.00 was suspended for a period of 3 years on condition that the attorney is not found guilty of a similar offence during the period of suspension.

The Committee FOUND the Attorney GUILTY of charge 3 as pleaded and IMPOSED a FINE of R 5000.00 wholly suspended for a period of 3 years on condition that the attorney is not found guilty of a similar offence during the period of suspension.

The Committee FOUND the Attorney NOT GUILTY of charge 4 as pleaded.

The Committee ORDERED that the Attorney pay 50% of the COSTS of the meeting.

I Mammburu Mammburu Attorneys

REF:20912017 “In that you are guilty of misconduct in terms of Clause 21 of the Legal Practice Council’s Code of Conduct in that you breached and / or contravened:

1) Paragraph 18.14 of the Code, in that you failed to perform professional work or work of a kind commonly performed by an Attorney with such a degree of skill, care or attention, or of such a quality or standard, as may reasonably be expected of an Attorney; and

2) Paragraph 3.11 of the Code, in that you failed to use your best efforts to carry out work in a competent and timely manner and not take on work which you do not reasonably believe you will be able to carry out in that manner.”

The Attorney appeared and pleaded guilty to the charges.

The Committee FOUND the Attorney GUILTY of all 2 charges and took the charges together for sentencing purposes and IMPOSED a FINE of R10 000.00 of which R5 000.00 is suspended for a period 3 years on condition that the Attorney is not found guilty of similar charges during the period of suspension.

The fine of R5 000.00 is payable in monthly instalments of R100.00 from 1 May 2021.

V K Derrocks Derrocks (V) Inc. Attorneys

REF:4742015 “In that you made yourself guilty of misconduct in that you breached and / or contravened Clause 16.3 read with Clause 16.2 of the Code of Conduct, in that you failed to comply timeously with the order and / or request of the Gauteng Legal Practice Council in that you failed to appear before an Investigating Committee on 7 March 2019 although you were duly requested to do so.”

The Attorney appeared and pleaded guilty.

The Committee FOUND the Attorney GUILTY of the charge as pleaded and IMPOSED a FINE of R8 000.00 of which R5 000.00 is suspended for a period of 3 years on condition that the Attorney is not found guilty of a similar charge during the period of suspension.

The fine of R3 000.00 is payable within 30 days after receipt of the Invoice.

The Committee HELD that the Attorney is liable for the COSTS of the enquiry held on 7 March 2019.

V C Tshishonga Tshishonga (Mundalamo) Attorneys

REF:30552017 “In that you are guilty of misconduct in terms of Clause 21 of the Legal Practice Council’s Code of Conduct in that you breached and / or contravened:

1) Paragraph 3.11 of the Code, in that you failed to use your best efforts to carry out work in a competent and timely manner and not take on work which you do not reasonably believe you will be able to carry out in that manner; and- WITHDRAWN.

2) Paragraph 16.2 read with Paragraph 16.3 of the Code, in that you failed to respond timeously and fully to requests from the Gauteng Provincial Office of the Legal Practice Council dated 13 July 2017, 16 October 2017 and 13 January 2018 for information and / or documentation which you were able to provide”

Attorney appeared and pleaded guilty to the charges.

Charge 1 was WITHDRAWN.

The Committee FOUND the Attorney GUILTY of charge 2 and IMPOSED a FINE of R5 000.00 of which R2 500.00 is suspended for a period of 3 years on condition that the Attorney is not found guilty of a similar charge during the period of suspension.

The fine of R2 500.00 is payable within 30 days of hearing.

The Committee HELD that the Attorney is to submit a version within 30 days hereof.

K G Matlala Matlala (K.G) Attorneys

REF:30682017 “In that you are guilty of misconduct in terms of Clause 21 of the Legal Practice Council’s Code of Conduct in that you breached and / or contravened:

1) Clause 3.4 of the Code, in that you failed to honour an undertaking given by you in the course of your business or practice, unless prohibited by law;

2) Rule 54.12 of the Rules read with Paragraph 3.8 of the Code, in that you and / or your firm failed to, within a reasonable time after the performance or earlier termination of any mandate, account to your client in writing and retain a copy of each such account for not less than five years, each account containing details of:
a) All amounts received by it in connection with the matter concerned,
appropriately explained;
b) All disbursements and other payments made by it in connection with the matter;
c) All fees and other charges charged to or raised against the client and, where any fee represents an agreed fee, a statement that such fee was agreed upon and the amount so agreed;
d) The amount owing to or by the client

3) Paragraph 3.11 of the Code, in that you failed to use your best efforts to carry out work in a competent and timely manner and not take on work which you do not reasonably believe you will be able to carry out in that manner; and

4) Paragraph 18.14 of the Code, in that you failed to perform professional work or work of a kind commonly performed by an Attorney with such a degree of skill, care or attention, or of such a quality or standard, as may reasonably be expected of an Attorney.”

Attorney appeared and pleaded guilty to the charges.

The Committee FOUND the Attorney GUILTY of all 4 charges and took the charges together for sentencing purposes and IMPOSED a FINE of R10 000.00 of which R5 000.00 is suspended for a period of 3 years on condition that the Attorney is not found guilty of similar charges during the period of suspension.

The fine of R5 000.00 is payable within 30 days of date hereof.

The Committee in terms of Rule 43.4.1.1 ORDERED that the Attorney pay compensation of R5 500.00 to the complainant.

T D Rantho Rantho, Monama & Associates Inc. Attorneys

REF:9162017 “In that you are guilty of misconduct in terms of Clause 21 of the Legal Practice Council’s Code of Conduct in that you breached and / or contravened:

1) Rule 54.12 in that you failed within a reasonable time, after the performance or earlier termination of the mandate received from your client, Mr Mashaule on behalf of Lindokuhle Phetheni Msibi and/ or ABSA Trust, in a Road Accident Fund Claim, to account to your client in writing and retain a copy thereof for a period of not less than five years as follows:
a) all amounts received by you in connection with the matter, appropriately explained;
b) all disbursements and other payments made by you in connection with the matter;
c) all fees and other charges charged to or raised against your client and where any fee represents an agreed fee, a statement that such fee was agreed upon and the amount so agreed; and
d) the amount due to or by your client; and – WITHDRAWN

2) Rule 54.13 in that you failed to pay the amount due to ABSA Trust within a reasonable time; and – WITHDRAWN

3) Paragraph 18.8 of the Code in that you and/ or the firm failed to submit an account for taxation within a reasonable time after requested to do so by ABSA Trust; and – WITHDRAWN

4) Paragraph 18.7 of the Code in that you overreached your client, MS Maria Mazibuko, or charged a fee, in a Road Accident Fund Claim matter, which in the view of the Council is unreasonably high, having regard to the circumstances of the matter.”

The Attorney appeared and was represented. The Attorney pleaded guilty to the charges.

Charges 1 – 3 were WITHDRAWN.

Charge 4 was amended to read as follows:

Paragraph 18.7 of the Code in that you overreached your client, J M Masheula on behalf of L Msibi Case no 54158/2012, or charged a fee, in a Road Accident Fund Claim matter, which in the view of the Council is unreasonably high, having regard to the circumstances of the matter.”

The Committee FOUND the Attorney GUILTY of the amended charge 4 as pleaded and IMPOSED a FINE of R40 000.00 of which R25 000.00 is to be paid on / before 30 March 2021.

R15 000.00 is suspended for a period of 3 years on condition that the Attorney is not found guilty of a similar charge during the period of suspension.

Ms Meyer undertook to refund the over payment to the Attorney within 7 days of date of the meeting.

H Godi

REF:39612017 “In that you are guilty of misconduct in terms of Clause 21 of the Legal Practice Council’s Code of Conduct in that you breached and / or contravened:

1) Paragraph 18.14 of the Code of Conduct in that you failed to perform professional work or work of a kind commonly performed by an attorney with such a degree of skill, care or attention, or of such a quality or standard, as may reasonably be expected of an attorney in in the transfers of 50 low cost housing properties on behalf of COGHSTA; and

2) Paragraph 18.3 of the Code of Conduct in that you failed to exercise proper control and supervise over your staff, in particular your conveyancing secretary, when she amended and re-signed the Power of Attorneys in the transfers of 50 low cost housing properties on behalf of COGHSTA.”

Attorney appeared and pleaded not guilty to the charges.

The Committee FOUND the Attorney GUILTY of charges 1 and 2 and took the charges together for sentencing purposes. The Committee IMPOSED a FINE of R80 000.00 of which R15 000.00 is payable on / before 30 April 2021. R65 000.00 is suspended for a period of 3 years.

The Committee DIRECTED that the conduct of Mr Koikonyang Inc. be investigated as well as the steps taken against the conveyancing secretary who forged the Sol Plaatje Municipality’s Municipal Manager in at least 50 transfers.

L Van Jaarsveldt Van Jaarsveldt Attorneys

REF:62582017 “In that you are guilty of misconduct in terms of Clause 21 of the Legal Practice Council’s Code of Conduct in that you breached and / or contravened:

1) Paragraph 18.14 of the Code of Conduct in that you failed to perform professional work or work of a kind commonly performed by an attorney with such a degree of skill, care or attention, or of such a quality or standard, as may reasonably be expected of an attorney in the in that you failed to attend to a request from the Court to file an affidavit dealing with all aspects raised in the matter by the Court as set out in the record of the proceedings in the Ex Party Applications of J Kraayeveld, Case Number 97157/2016 and of T Gumede, Case Number 97158/2016; and

2) Paragraph 3.1 read with paragraphs 3.3 and 21.2 of the Code of Conduct in that you failed to maintain the highest standards of honesty and integrity and treated the interest of your clients as paramount without ensuring that your conduct is subject to your duty to the Court, in that you failed to file an affidavit as requested by the Court.”

Attorney appeared and pleaded not guilty to the charges.

The Committee FOUND the Attorney GUILTY of both charges and HELD that the Attorney be CAUTIONED.

S J Nkoana Nkoana Attorneys

REF:54152015 “In that you are guilty of misconduct in terms of Clause 21 of the Legal Practice Council’s Code of Conduct in that you breached and / or contravened:

1. Clause 16.1 of the Code, in that you failed to respond in a reasonable time to correspondence addressed to you by Mr P Khowana; and

2. Clause 16.2 of the Code, in that you failed to respond timeously and fully to requests from the Gauteng Provincial Office of the Legal Practice Council for information and / or documentation which you were able to provide; and

3. Clause 3.15 of the Code, in that you failed to refrain from doing anything which could or might bring the legal profession into disrepute; and

4. Clause 3.11 of the Code, in that you failed to use your best efforts to carry out work in a competent and timely manner and not take on work which you do not reasonably believe you will be able to carry out in that manner; and

5. Clause 18.14 of the Code, in that you failed to perform professional work or work of a kind commonly performed by an Attorney with such a degree of skill, care or attention, or of such a quality or standard, as may reasonably be expected of an Attorney; and

6. Rule 54.12 of the Rules read with Clause 3.8 of the Code, in that you and / or your firm failed to, within a reasonable time after the performance or earlier termination of any mandate, account to your client in writing and retain a copy of each such account for not less than five years, each account containing details of:
a) All amounts received by it in connection with the matter concerned, appropriately explained;
b) All disbursements and other payments made by it in connection with the matter;
c) All fees and other charges charged to or raised against the client and, where any fee represents an agreed fee, a statement that such fee was agreed upon and the amount so agreed;
d) The amount owing to or by the client.”

Attorney appeared and pleaded not guilty to the charges.

The Committee FOUND the Attorney GUILTY of charges 1, 4 and 5 and took the charges together for sentencing purposes and IMPOSED a FINE of R 10 000.00 of which R 5000.00 was suspended for a period of 3 years on condition that the attorney is not found guilty of a similar offence during the period of suspension.

The Committee FOUND the Attorney NOT GUILTY of charges 2, 3 and 6 as pleaded.

The Fine of R 5000.00 is payable in instalments of R 1000.00, the first payment is due in the month upon receipt of the invoice.