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Particulars of Disciplinary Hearings

in terms of section 38(3) of the LPA

Date of Enquiry Practioner Complainant Allegation of Misconduct Sanctions Imposed Disciplinary Committee
April 12, 2021

N M D Mabuse Mabuse Attorneys

EM Nkabinde

REF:35182017 “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 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 .”

Attorney appeared and pleaded not guilty to the charge.

The Committee FOUND the Attorney GUILTY of the charge and IMPOSED a FINE of R10 000.00 of which R5 000.00 is suspended for a period of 5 years on condition that the Attorney is not found guilty of a similar charge during the period of suspension.

Mrs L R Malan (Struwig), Mr M W Motsepe, Ms N T Messina (Sauli-Koren)
March 15, 2021

P A Markgraaf Markgraaf (Philip Andries) Prokureur

J Judge Bertelsmann

REF:62472014 “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 and pleaded guilty.

The Committee FOUND the Attorney GUILTY of the charge as pleaded and IMPOSED a FINE of R30 000.00 of which R20 000.00 is suspended for a period of 5 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 within 30 days.

Ms T Moosa, Ms A L Maree, Mr B Makukunzva
March 15, 2021

J A Bossr Bossr Attorneys

REF:75012015 “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 at such a degree or skill, care or attention, or such a quality or standard, as may reasonably be expected of an Attorney in the case of Magistrate Ms A Graf.”

The Attorney appeared and pleaded guilty to the charge.

The Committee FOUND the Attorney GUILTY of the charge as pleaded and IMPOSED a FINE of R5 000.00 which is suspended in full 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 T Moosa, Ms A L Maree, Mr B Makukunzva
March 15, 2021

A L Foce (Black) Jacobs (Manfred) Attorney

J Evans

REF:21012016 “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 18.14 of the Code of Conduct in that you failed to perform work of a kind commonly performed by an Attorney with such a degree or care, attention, or of such a quality or standard, as may be reasonably be expected of an Attorney in handling the matter of your client Mr John Robert Evans; and

2) Clause 3.15 of the Code of Conduct in that you failed to refrain from doing anything which could or might bring the Legal Profession in disrepute when handling the matter of your client Mr John Robert Evans.”

The Attorney appeared and pleaded guilty.

The Committee FOUND the Attorney GUILTY of the charges as pleaded and issued the Attorney with a WARNING.

Ms T Moosa, Ms A L Maree, Mr B Makukunzva
April 15, 2021

N T Mdlalose Mdlalose (N.T) Inc. Attorneys

F Ntshaba

REF:36132017 “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 16.2 of the Code, in that you failed to respond, within a reasonable time, to communications addressed to you by Ms F Ntshaba, which requires an answer; and

The Committee AGREED to the amendment of charge 1:
Paragraph 16.1 of the Code, in that you failed to respond, within a reasonable time, to communications addressed to you by Ms F Ntshaba, which requires an answer; and – LEADED GUILTY

2) Rule 54.9 of the Rules, in that you and / or your firm failed to retain its accounting records, all files and documents in the matter of your client, Ms F Ntshaba, for a period of 7 years (previously 5 years) form date of the last entry recorded; and – CHARGE WITHDRAWN

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 in that you and / or your firm appointed a Curator without the necessary authority to do so; and – PLEADED NOT GUILTY

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 in the Loss of Support Claim instituted against the Road Accident Fund by Ms F Ntshaba on behalf of her two grandchildren.” – PELADED NOT GUILTY

The Attorney appeared before the Committee.

The Attorney testified and after a short adjournment he CHANGED HIS PLEA on charge 4 to GUILTY.

The Committee ACCEPTED the plea of guilty to charge 1 and 4 and the plea of not guilty to charge 3.

The Committee FOUND the Attorney GUILTY of charge 1 and 4 as pleaded and took the charges together for sentencing purposes. The Committee 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 similar charges during the period of suspension.

The Committee HELD that the Attorney is liable for the travelling costs of the complainant in the amount of R1 000.00.

The fine of R10 000.00 is payable within 30 days of date of Invoice.

The Committee FOUND the Attorney NOT GUILTY of charge 3 as pleaded.

Mr N J Roodt, Mr A C Ndzabandzaba, Mrs R De Villiers-Van Niekerk
April 8, 2021

G F Du Plessis Le Roux (De Louw) & (Deofran) Du Plessis Inc. Attorneys

X Kuhn

REF:4312018 “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 Property Transfer Matter of Mr X Kuhn; and – CHARGE WITHDRAWN

2) Paragraph 16.1 of the Code of Conduct in that you failed to respond within a reasonable time to communications, addressed to you by Mr X Kuhn, which requires an answer; and PLEADED GUILTY

3) Paragraph 54.13 of the Code of Conduct in that you failed to pay the amount due to Mr X Kuhn within a reasonable time.” – PLEADED GUILTY

The Attorney appeared and pleaded guilty to the charges.

Charge 1 was WITHDRAWN.

The Committee FOUND the Attorney GUILTY of charges 2 and 3 as pleaded and issued a WARNING.

Mrs R Rahman, Mr M H Gormley, Mr S S Omar
April 8, 2021

C-A Van Bruggen Van Bruggen Attorneys

M Direro

REF:32772017 “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) Section 86(1) of the Act read with 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 firm’s trust creditors, which appears from paragraph paragraph 4.4 of the Report of Mr D Swart dated the 20th of April 2018; – PLEADED GUILTY

2) Rule 54.14.9 read with Rules 57.1 and 54.19 of the Rules in that you failed to ensure that no account of any trust creditor is in debit, as set out in paragraph 5.6 of the Report of Mr D Swart dated the 20th of April 2018; and – PLEADED GUILTY

The Committee AGREED to the amendment of charge 3:

3) Paragraph 54.13 of the Code in that you failed to pay the amount of R800 000.00, due to Mr M Direro, in terms of an order of the High Court of South Africa (Gauteng Division, Pretoria) dated the 18th of April 2018, in the matter between M M Direro and Thora Light (Pty) Ltd (case nr 82051/2018), within a reasonable time.”

to read as follows:

Paragraph 54.13 of the Code in that you failed to pay the amount of R800 000.00, in terms of an order of the High Court of South Africa (Gauteng Division, Pretoria) dated the 18th of April 2018, in the matter between M M Direro and Thora Light (Pty) Ltd (case nr 82051/2018), being security under a Summary Judgment Application.”– PLEADED NOT GUILTY

With file 2240/2018

The Attorney appeared before the Committee.

The Committee FOUND the Attorney GUILTY of charge 1 and 2 as pleaded and took charges 1 and 2 together for sentencing purposes 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 similar charges during the period of suspension.
The Committee FOUND the Attorney GUILTY of the amended charge 3 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 ORDERED that the Attorney is liable for the COSTS of compiling the Report.

The fine of R20 000.00 together with the costs is payable in monthly instalments of not less than R1 000.00 or any alternative arrangement made with the Legal Practice Council, as from 30 April 2021.

Mrs R Rahman, Mr M H Gormley, Mr S S Omar
April 8, 2021

C-A Van Bruggen Van Bruggen Attorneys

D/C - JH LAW SOCIETY NORTHERN PROVINCES

REF:22402018 “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) Section 86(1) of the Act read with 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 firm’s trust creditors, which appears from paragraph paragraph 4.4 of the Report of Mr D Swart dated the 20th of April 2018; – PLEADED GUILTY

2) Rule 54.14.9 read with Rules 57.1 and 54.19 of the Rules in that you failed to ensure that no account of any trust creditor is in debit, as set out in paragraph 5.6 of the Report of Mr D Swart dated the 20th of April 2018; and – PLEADED GUILTY

The Committee AGREED to the amendment of charge 3:

3) Paragraph 54.13 of the Code in that you failed to pay the amount of R800 000.00, due to Mr M Direro, in terms of an order of the High Court of South Africa (Gauteng Division, Pretoria) dated the 18th of April 2018, in the matter between M M Direro and Thora Light (Pty) Ltd (case nr 82051/2018), within a reasonable time.”

to read as follows:

Paragraph 54.13 of the Code in that you failed to pay the amount of R800 000.00, in terms of an order of the High Court of South Africa (Gauteng Division, Pretoria) dated the 18th of April 2018, in the matter between M M Direro and Thora Light (Pty) Ltd (case nr 82051/2018), being security under a Summary Judgment Application.”– PLEADED NOT GUILTY

With file 3277/2017

The Attorney appeared before the Committee.

The Committee FOUND the Attorney GUILTY of charge 1 and 2 as pleaded and took charges 1 and 2 together for sentencing purposes 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 similar charges during the period of suspension.
The Committee FOUND the Attorney GUILTY of the amended charge 3 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 ORDERED that the Attorney is liable for the COSTS of compiling the Report.

The fine of R20 000.00 together with the costs is payable in monthly instalments of not less than R1 000.00 or any alternative arrangement made with the Legal Practice Council, as from 30 April 2021.

Mrs R Rahman, Mr M H Gormley, Mr S S Omar
March 17, 2021

S Gross Gross, Papadopulo & Associates

M W RANGOANASHEM

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.

Mr M S Moodliyar, Mr K M Rontgen, Miss K Ramsurjoo
November 11, 2020

U A Roux Roux (Ulrich) & Associates Inc.

DP Bhadree

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.

Mrs T Bedhesi, Mr K O Mabunda, Ms K R Van Eck
March 11, 2020

H J Mhangani Mhangani Attorneys

MS Sepudumo

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.

Miss J Katzel, Ms K R Van Eck, Mr K Sikhala
February 8, 2021

J Moyo Moyo Inc. Attorneys

TS Motsoane

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.

Mr K O Mabunda, Mr A M A Bosman, Mr K LA M Manamela
February 8, 2021

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

J Mononyane

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.

Mr K O Mabunda, Mr A M A Bosman, Mr K LA M Manamela
February 8, 2021

K Matlala Matlala (Keith) Attorneys

MP Matjie

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.

Mr K O Mabunda, Mr A M A Bosman, Mr K LA M Manamela
March 3, 2021

M C N Ledwaba Fantisi Attorneys

KFS Zulu

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.

Mr H A Wadiwala, Mr M S Vakalisa, Mr D F Weideman
March 5, 2021

C F Mashele

S Mjijwa

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

Adv AN Thantsa, Adv MJ Schmidt
March 5, 2021 N Phindiso

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.

Adv AN Thantsa, Adv MJ Schmidt
March 5, 2021

M O Mahlomotja Gauteng Division, Pretoria

T PILLAY

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.

Adv AN Thantsa, Adv MJ Schmidt
May 3, 2021

MF Ramathopa Gauteng Division, Pretoria

T Tshivhinda

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.

Adv AN Thantsa, Adv MJ Schmidt
December 4, 2020

K E Thipe Thipe (K) Inc. Attorneys

CD Sithole

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.

Mrs N Pather, Mr A L Terblanche, Mrs S Potgieter (Louw)