05/09/2023
My analysis of Ex Parte Galela and Mpholefole (dismissal of admission applications)
In this judgment, two critical matters come to the forefront. Firstly, the issue of arrears with the university where the first applicant’s LLB degree was acquired, and secondly, the applicants’ other business interests while undertaking articles. However, it is of paramount significance that the ultimate dismissal of these applications appears to hinge on a profound breach of trust, as evidenced by the dishonest assertions made by the applicants in their founding affidavits.
For context:
The first applicant failed to disclose her active directorship of a company, “neither in her initial application, nor at any time prior to or during her PVT contract. In her founding affidavit, she declared: “I confirm that I did not hold any position, or engage in any business whatsoever other than that of a candidate legal practitioner …during the period of service on my PVT contract.”
With regards to the second applicant, she declared that “she did not, during her Practical Vocational Training …occupy any office or engage in any other business other than that of a candidate legal practitioner.”
Furthermore, In her PVT Contract which she entered into with her principal, the second applicant undertook not to engage in any business whatsoever other than that of a candidate attorney, unless the written consent of the principal and the LPC had been granted.
It was subsequently discovered that she held active directorships/memberships in six enterprises during her service as a candidate attorney for which she did not apply for consent. Her principal also confirmed in an affidavit that the second applicant had not disclosed that she held positions of a member/directorship in various enterprises.
The court's central inquiry therefore pertained to whether the applicants could be considered fit and proper persons for admission as attorneys, considering their dishonesty.
In evaluating what constitutes a fit and proper person, the court referred to General Council of the Bar of South Africa v Geach, emphasising the essential qualities of "complete honesty, reliability, and integrity" demanded of applicants. This expectation echoes the sentiments expressed in Kekana v Society of Advocates of South Africa, wherein both legal professions, attorneys and advocates, are bound by stringent ethical standards designed to prevent any participation in deceiving the court. The preservation of these high professional ethics primarily relies on individual practitioners' unwavering commitment to absolute personal integrity and scrupulous honesty.
I am of the opinion that the core reason behind the applications' dismissal primarily revolves around the applicants' active directorship in other companies. Notably, it is not their mere involvement in these positions that led to this outcome, but rather the false statements made under oath. The court firmly asserted that the issue wasn't whether the [first] applicant performed work for the company in question but the fact that she “placed facts before us which [are] obviously not true.”
In fact, the second applicant's application was dismissed solely on this basis, underscoring the significance of truthfulness and transparency before the court.
The first applicant's case also revolves around fee-related issues, which, if her application had been dismissed solely on this ground, might be perceived as unduly harsh. However, it is evident that the primary basis for her application's dismissal remains intertwined with the aforementioned issues of dishonesty.
It's noteworthy that the court observed a lack of enlightenment regarding any financial difficulties the first applicant faced or is currently experiencing, relating to her university fees. Her failure to present this crucial information before the court, despite the statement's date, raises concerns about her commitment to fulfilling her financial obligations.
In conclusion, the central takeaway from this case underscores the paramount importance of adhering to formal processes and prescribed regulations when entering into articles contracts and seeking admission. Honesty, transparency, and adherence to ethical standards are fundamental pillars of the legal profession, and any deviation from these principles can have significant consequences for aspiring legal practitioners.
Let’s engage.
