Particulars of Disciplinary Hearings
in terms of section 38(3) of the LPA
Date of Enquiry | Practioner | Allegation of Misconduct | Sanctions Imposed | Disciplinary Committee | Province |
---|---|---|---|---|---|
November 3, 2021 | A M Wentzel Wentzel (A.M) Prokureurs |
REF:50242020 RAF -COMPLAINT -PRACTITIONER CHARGED WITH ALLEGATIONS OF FAILURE TO ACCOUNT FOR MONEY AND FAILURE TO COMMUNICATE |
THE IC COMMITTEE RECOMMENDED THAT THE PRACTITIONER IS NOT GUILTY OF MISCONDUCT AND HAS GIVEN A REASONABLE EXPLANATION. |
Mr W M Keeny, Mr T N Makgale, Ms A Baloyi | NW |
October 14, 2021 | H-J Moolman Moolman & Pienaar Inc. Attorneys |
REF:13272017 Conflict of interest |
Dismissed as withdrawn by complainant |
Mr C P Zietsman, Mr C M Weiss, Mr T N Makgale | NW |
October 14, 2021 | B P Mogau Mogau Attorneys |
REF:38512017 Contravention of Code 18.14 in that the practitioner failed to perform work of a kind commonly performed by an attorney with a degree of skill, care or attention or quality or standard reasonably expected of an attorney, in the matter of Ms Senosi in the instructions to assist with the setlement agreement and the vary of a court order |
Guilty |
Mr C P Zietsman, Mr C M Weiss, Mr T N Makgale | NW |
October 14, 2021 | M J A Van Zyl Van Zyl Attorneys |
REF:60072018 Failuree to use their best effort to carry out work in a competant and timely manner and not take on work that they do not reasonably believe they will be able to carry out and to perform work with a degree of skill, care or attention or quality or standard expected of a practitioner, in the way they dealt with the claim of Ms Assegai to try and recover the deposit paid in aproperty sale subsequently cancelled. |
Fine R5000 |
Mr C P Zietsman, Mr C M Weiss, Mr T N Makgale | NW |
October 14, 2021 | J S Mokotedi VAN VELDEN-DUFFEY |
REF:62392018 Code 3.11 |
Mr C P Zietsman, Mr T N Makgale, Mr C M Weiss | NW | |
July 30, 2021 | M Z Benade Benade (Gielie) Attorneys |
REF:35172019 CIVIL MATTER -APPLICATION FOR RESCISSION OF A DEBT REVIEW -ON ALLEGATIONS THAT THE PRACTITIONER FAILED TO ATTEND TO THE MATTER DILIGENTLY. |
IC COMMTTEE DISMISSED THE COMPLAINT ON 20 JULY 2021,ON THE BASIS THAT THE PRACTITIONER IS NOT GUILTY OF MISCONDUCT AND HAS GIVEN A REASONABLE EXPLANATION. |
Mr W M Keeny, Ms A Baloyi | NW |
July 30, 2021 | J J Pienaar Van Der Merwe Attorneys, Hannatjie |
REF:46872019 ADMINISTRATION MATTER OF 2014-ALLEGATION ARE THAT THE PRACTITIONER IS CANCELLING THE ADMIN, DESPITE PAYMENT AND THE BALANCE DOES NOT STOP. |
COMMITTEE ON THE 30 JULY 2021,DISMISSED THE COMPLAINT ON THE BASIS THAT THE PRACTITIONER IS NOT GUILTY OF MISCONDUCT AND HAS GIVEN A REASONABLE EXPLANATION. |
Mr W M Keeny, Ms A Baloyi | NW |
July 30, 2021 | D M Pooe Malatji, Mohosh & Pooe Attorneys |
REF:40112019 IN A DECEASED ESTATE MATTER,ALLEGATIONS OF FAILURE TO ACCOUNT FOR MONEY AND FAILURE TO RESPOND TO COMMUNICATIONS |
THE COMMITTEE ON THE 30 JULY 2026 ,DISMISSED THE COMPLAINT ON THE BASIS THAT THE PRACTITIONER IS NOT GUILTY OF MISCONDUCT AND HAS GIVEN A REASONABLE EXPLANATION. |
Mr W M Keeny, Ms A Baloyi | NW |
July 30, 2021 | J J Pienaar Van Der Merwe Attorneys, Hannatjie |
REF:48562019 CIVIL ADMINISTRATION-ALLEGATIONS OF MISCONDUCT ON THE PART OF THE PRACTITIONER ,OVER REACHING AND OVERCHARGING THE COMPLIANANT. |
ON THE 30 JULY 2021,IC COMMITTEE HELD THAT THE PRACTITIONER IS NOT GUILTY OF MISCONDUCT AND HAS GIVEN A REASONABLE EXPLANATION. |
Mr W M Keeny, Ms A Baloyi | NW |
July 30, 2021 | R J Coetzee Coetzee (Robert) Prokureurs |
REF:27702019 ARBITRATION MATTER-THE COMPLAINANT ALLEGED THAT THE PRACTITIONER FAILED TO ASSIST HIM AND OR REPRESENT IN THE ARBITRATION-PRACTITIONER CHARGED WITH FAILURE TO ATTEND TO MATTER DILIGENTLY. |
THE IC COMMITTEE ON THE 30 JULY 2021,DISMISSED THE COMPLAINT ON THE BASIS THAT THE PRACTITIONER IS NOT GUILTY OF MISCONDUCT AND HAS GIVEN A REASONABLE EXPLANATION. |
Mr W M Keeny, Ms A Baloyi | NW |
July 30, 2021 | J J Pienaar Van Der Merwe (Hannatjie) Attorneys |
REF:4142017 ON ALLEGATION THAT THE DEDUCTION WERE NOT PROPERLY DEDUCTED BY THE PRACTITIONER AND THAT THE PRACTITIONER OVER REACHED & OVERCHARGED THE COMPLAINANT. |
THE PRACTITIONER WAS FOUND NOT GUILTY AS HE HAD GIVEN A COMPREHENSIVE EXPLANATION. |
Mr R H Bezuidenhout, Mr J A Van Aswegen, Ms A Baloyi | NW |
July 30, 2021 | K B Semaushu Semaushu Attorneys |
REF:2752020 ON ALLEGATIONS THAT THE PRACTITIONER FAILED TO HOUNOUR AN UNDERTAKING AND FAILURE TO ACT IN THE BEAST INTEREST OF THE CLIENT.CIVIL A MATTER INVOLVING BUSINESS MATTER. |
IC ON THE 30 JULY 2021 RECOMMENDED THAT THE MATTER BE REFERED FOR DISCUSSION |
Mr W M Keeny, Ms A Baloyi | NW |
July 30, 2021 | J J Pienaar Van Der Merwe Attorneys, Hannatjie |
REF:46842019 EAO MATTER-COMPLAINANT ALLEGES THAT HE NEVER APPLIED FOR NEVER APPLIED FOR EAO. |
THE COMMITTEE ON THE 30 JULY 2021,DISMISSED THE COMPLAINANT ON THE BASIS THAT THE PRACTITIONER IS NOT GUILTY OF MISCONDUCT AND HAS GIVEN A REASONABLE EXPLANATION AND SUPPLIED DOCUMENTS TO THAT AFFECT THAT THE COMPLAINANT IN DEED APPLIED FOR THE EAO. |
Mr W M Keeny, Ms A Baloyi | NW |
July 30, 2021 | H G Aucamp Aucamp (H.G) Attorney |
REF:58792020 DECEASED ESTATE MATTER-PRACTITIONER CHARGED WITH FAILURE TO ACCOUNT/FAULURE TO ATTEND MATTER DILIGENTLY. |
IC RECOMMENDED THAT THE COMPLAINT SHOULD BE DISMISSED -THE PRACTITIONER HAS GIVEN A REASONABLE EXPLANATION.NO PROSPECTS OF SUCCESS. |
Mr W M Keeny, Ms A Baloyi | NW |
July 30, 2021 | A M Wentzel Wentzel (A.M) Prokureurs |
REF:52702019 RAF -CIVIL MATTER-ALLEGATIONS THAT THE PRACTITONER FAILED TO ACCOUNT TO COMPLAINANT IN REGARD TO THE MONEY PAID BY RAF. |
IC COMMITTEE ON THE 20 JULY 2021,DISMISSED THE COMPLAINT ON THE BASIS THAT THE PRACTITIONER IS NOT GUILTY OF MISCONDUCT AND HAS GIVEN A REASOBLE EXPLANATION. |
Mr W M Keeny, Ms A Baloyi | NW |
July 30, 2021 | P L Badenhorst Bosman & Bosman Attorneys |
REF:56952020 CIVIL- GARNISHEE -ON ALLEGATIONS THAT THE PRACTITIONER OVER CHARGED AND OVERREACHED THE COMPAINANT |
The Ic Committee on the 30 July 2021,dismissed the complaint on the basis that the practitioner has given a reasonable explanation and is not guilty of misconduct. |
Mr W M Keeny, Ms A Baloyi | NW |
July 23, 2021 | T D P Malatjie Malatjie D. Attorneys |
REF:38722021 3. That you pleaded Guilty to the below charges. 2) Rule 4.1 of the Rules read with Section 6(4)(c) and Section 95(1)(a) of the Legal Practice Act, in that you failed and / or neglected to pay your annual subscription fee(s) for the year(s) 2020 in an amount of R1725.00 to the Legal Practice Council, Mpumalanga Provincial Office as and when it became due and payable; and 3) Rule 4.1 of the Rules read with Section 6(4)(c) and Section 95(1)(a) of the Legal Practice Act, in that you failed and / or neglected to pay your annual subscription fee(s) for the year(s) 2021 in an amount of R1725.00 to the Legal Practice Council, Mpumalanga Provincial Office as and when it became due and payable; and 4) Section 84(1) and Section 84(2) of the Legal Practice Act read with Rule 47 of the Rules by practising for your own account as a Director / Partner of a Practice / Firm of Attorneys under the name and style of Malatjie D. Attorneys without being in possession of a Fidelity Fund Certificate as from 1 January 2021 to date.” |
1, Fined R1 000,00 due and payable within 15 days to the Mpumalanga Provincial Council |
Ms R Greyling, Mr M R Makwakwa, Ms T Mabunda | MP |
July 23, 2021 | K H Baloyi Baloyi (Khotso) Attorneys |
REF:80802015 CIVIL MATTER -vehicle disputes on allegations that the Practitioner fraudulently transection without the complainant’s authority ,Practitioner charged with failure to attend to matter diligently /failure to honour undertaking. |
The Discussion Committee on the 23 July 2021,th practitioner found not guilty and hasgiven a reasonable explanation. |
Mr T N Makgale, Mr C J Meiring, Ms A Baloyi | NW |
July 23, 2021 | T A Mmokwa Mmokwa (T.A) Attorneys |
REF:33262016 CIVIL MATTER -RESCISSION OF JUDGEMENT APPLICATION-THE COMPLAINT ALLEGED THAT THE PRACTITIONER FAILED TO ASSIST HIM WITH THE APPLICATION ,DESPITE THE FACT THAT HE PAID THE PRACTITIONER. |
The Discussion Committee on the 23 July 2021,dismmssed the complainant on the basis that the practitioner was not guilty and has given a reasonable explanation. |
Mr T N Makgale, Ms A Baloyi, Mr C J Meiring | NW |
July 23, 2021 | R Jordaan (Swart) Jordaan, Swart Attorneys |
REF:60852017 CIVL DEBT COLLECTION MATTER-IN WHICH THE COMPLANANT ALLEGED THAT THE PRACTITIONER OVERCHAGED AND PROCEEDED TO COLLECT DESPITE THE FACT THAT THE DEBT WAS SETTLED IN FULL. |
The Discussion committee on the 23 July 2021,Dismissed the complanant on the basis that the practitioner is not guilty of misconduct and has given a resonable explanantion and supporting documenyts to that effect. |
Mr T N Makgale, Mr C J Meiring, Ms A Baloyi | NW |