SCA rules against ‘disrespectful’ law graduate
The SCA has ruled Goane Jack Siamisang Montshiwa – a 'bad tempered, disrespectful' law graduate – is not fit and proper to be admitted as an attorney.
A GroundUp report says sending a strong message, the SCA noted ‘his lack of appreciation of the ethos and principles that govern the legal profession and the courts of this country’.
It ruled a law graduate who has a ‘predisposition to bouts of extreme anger and disrespect’ is not a fit and proper person to be enrolled as an attorney.
Montshiwa approached the court to appeal the refusal to admit him as a legal practitioner by a specially constituted two-judge full Bench of the North West High Court (Mahikeng). They found he was not a fit and proper person and had not completed the necessary practical vocational training.
Montshiwa’s application for leave to appeal was unsuccessful and so he petitioned the SCA.
SCA Acting Deputy President Nambitha Dambuza (with Judges Caroline Nicholls and Mahendra Chetty concurring) said she did not believe that Montshiwa should be sent back to the High Court to make a fresh application for leave to appeal.
Instead, the court should exercise its inherent powers under the Constitution to consider the merits of the application to ‘avoid multiple fruitless court proceedings between the same parties’.
According to the GroundUp report, Dumbuza said she was not persuaded that another court would reach a different conclusion about Motshiwa’s fitness to become a legal practitioner.
‘The courts in this country and elsewhere have identified certain qualities for a fit and proper person as envisaged in the Legal Practice Act. These include integrity, hard work, dignity, honesty, fairness and respect for legal order,’ she said.
She added while the expression ‘fit and proper’ was not defined in the Act, one of its objectives was to enhance and maintain appropriate standards of professional practice.
‘As a legal practitioner, Mr Montshiwa would be expected to conduct himself with the highest degree of integrity … insulting vulgar and disparaging language by a legal practitioner cannot be tolerated.’
Dambuza said it appeared from the record that Montshiwa’s conduct fell far short of what was expected.
‘It is apparent that his appreciation of the processes, procedures and decorum of our courts is woefully deficient,’ she said.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.
