Daily Dispatch

Disgraced attorneys booted

Disciplina­ry inquiry for Komani lawyer after Dispatch report

- Ray Hartle

Despite media reports of egregious actions by Eastern Cape attorneys, the Legal Practice Council (LPC) has struck off only four crooked practition­ers in the province out of 118 attorneys nationally who have been booted from the profession since 2018.

But this week, following a Dispatch report, the ECLPC was prodded into initiating a disciplina­ry inquiry into disgraced Komani attorney Zoleka Ponoane, who colluded with a Herschel magistrate to actively rewrite a judgment that was favourable to her six clients.

LPC national spokespers­on Sthembiso Mnisi said the low number of attorneys struck off in the EC was likely due to the provincial office only operating since 2019 following the promulgati­on of legislatio­n which establishe­d the LPC as the ultimate regulatory authority for the attorneys’ profession.

He said because the EC previously fell under the Cape Law Society, some advanced disciplina­ry cases were finalised by that body.

The Covid-19 pandemic also played havoc with the LPC’s ability to hold regular meetings of its disciplina­ry committees.

But the number of attorneys struck from the roll in the EC seems to be out of sync with media reports and anecdotal accounts shared within the profession of crooked and unprofessi­onal conduct by local practition­ers.

In November 2020, judge Igna Stretch lamented the cases of two allegedly crooked attorneys — Frans Maritz, who failed to account to his client in her Road Accident Fund payout, and Nicolaas du Plessis, who allegedly ran a fraudulent cottage industry in claims against Buffalo City Metro.

On the same day Lindle Nompozolo, struck off already in 2010, was finally facing charges that he “stole from the dead, disabled and homeless”. More recently, the Special Investigat­ing Unit highlighte­d up to eight cases of unnamed attorneys and advocates engaged in dodgy practices associated with medico-legal claims against the EC health department.

In the case of Ponoane, in 2012 she rewrote the judgment of the magistrate who heard the civil claim for damages against the police for wrongfully arresting her clients.

The high court described her behaviour as “unpreceden­ted in the annals of the judiciary”.

A Dispatch query this week regarding her continued status as an attorney was sent to the ECLPC offices but no response was received.

After Mnisi heard of the query, he confirmed that Ponoane was still registered as a legal practition­er.

When the Dispatch asked why no action was taken against her and why she was allowed to continue to practise as an attorney, despite the findings of the high court, the ECLPC said a disciplina­ry process had been instituted.

Given that Ponoane lost her applicatio­n for leave to appeal the high court’s setting aside of the Herschel magistrate’s court ruling, Mnisi told the newspaper the LPC “can confirm the matter is now with our EC provincial office who are handling a disciplina­ry process”.

He said the EC office was now meeting regularly to deal with disciplina­ry issues, adding “things are happening”.

The four EC attorneys struck off since 2018 after bringing disgrace to the profession are:

Mzwandile Bobotyana, described by the high court as systematic­ally engaging in naked theft and fraud in a class of his own, was struck from the roll of attorneys on October 13 2020; Xolani Mvulana, struck from the roll on October 29 2019; Siyakudumi­sa Mlunguza, struck off on November 28, 2018; andBarend Terblanche, on November 27 2018.

In total, the LPC nationally struck from the roll 118 attorneys, meaning they may not practise at all, while a further 101 were suspended, pending further investigat­ion or the correction of any violation which does not merit a striking off.

Out of 219 attorneys struck off or suspended from practising across the country, 105 were from Gauteng, 51 from KwaZulu-Natal, 12 from the Western Cape, eight from North West, six from Mpumalanga, five from Limpopo, three from the Free State and one from the Northern Cape.

Newspapers in English

Newspapers from South Africa