The Constitutional Court has reminded the Pretoria Society of Advocates of its duty to both the public and the courts to take appropriate steps to stop a struck-off advocate from continuing to practise, notes Legalbrief. It made the comment in a unanimous judgment handed down yesterday (Thursday) in the case of Ralph Patrick Ndleve, who had approached the court for a fifth time – his first four applications had been dismissed – in a bid to have his striking-off for malpractice and theft set aside.

The outcome of the latest application – he claims his fair trial rights were violated during the hearing before the High Court – was no different. The court, however, noted with concern that Ndleve continued to practise after being struck off the roll and that he was still listed as an advocate of the Pretoria Bar. The court emphasised the gravity of Ndleve’s conduct. It also pointed to the duty of the society to take appropriate steps to stop Ndleve from practising.

Ralph Patrick Ndleve v Pretoria Society of Advocates

Ndleve acted outside the law even before he was admitted as an advocate in 2002, according to a report on the IoL site. It says that from 2000 until 2008, he took instructions from numerous people without the intervention of an attorney, stole money meant for their creditors and took more than R70 000 from the estate of a late client.

Justice Bess Nkabinde said that it was clear that by appealing to the apex court five times, he was ‘peppering (the) court with repeated applications, each entirely devoid of merit, simply to stave off the coming into effect of the order striking him from the roll of advocates’. However, she pointed out that this was not an effective strategy, and that all of his appearances as an advocate since July 2013 were unlawful, and bordered on contempt of court.

Full report on the IoL site