Practitioners Beware

The respondent is guilty of having initialed and signed a document as a witness in the absence of the main signatory. This is conduct unbecoming of a legal practitioner operating in a profession that is expected to uphold values such as honesty and integrity. I would exercise a discretion to hold that the respondent’s conduct demonstrates that she is not a fit and proper person to continue to practise, but find that an order of suspension from practice would suffice. The usual ancillary orders involving surrender of the certificate of enrolment and appointment of a curator would follow and the respondent would be directed to pay the costs of the application on an attorney and client scale.

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A. GOVINDJEE

JUDGE OF THE HIGH COURT

Appearance:

Counsel for the applicant: K.L. WATT

Instructed by: WHEELDON RUSHMERE & COLE INC.

MAKHANDA

Counsel for the respondent: D.H. DE LA HARPE SC

Instructed by: HUXTABLE ATTORNEYS

MAKHANDA

Date heard : 18 July 2022

Date delivered