English Translations of selected Afrikaans Judgments

EX PARTE MARAIS

(TRANSVAAL.PROVINCIAL DIVISION.)

1972. November 27. CILLIE, J.P., and SNYMAN, J.

Advocate.-Removal of name from roll of advocates.-Simultaneous application for admission as attorney.-Undesirable that both applications be embodied in one application.-Notice of first application to Bar Councils essential.

It is undesirable that an application for the removal of the name of the applicant, from the roll of advocates and his application for admission as an attorney, notary and conveyancer, should be laid before the Court.in one petition by way of a notice of motion and with one affidavit. It is desirable and according to practice that a separate application for removal and a separate application for admission be brought.

If an applicant applies for the removal of his name from the roll of advocates, it is essential that notice of the application be given to the Pretoria and Johannesburg Bar Councils.

Application for the removal of applicant's name from the roll of advocates and for his admission as an attorney etc. The facts appear from the judgment.

F. C. L. Roos, for the applicant.

CILLIE, J.P.: Applicant applies for the removal of his name from the roll of advocates and for his simultaneous admission as an attorney of this Court and that his name be entered on the roll of attorneys, notaries and conveyancers.

The facts are briefly the following :

The applicant was admitted on 21^st March, 1967, as an attorney and on 16^th January, 1968, as conveyancer and notary of this Court; he practised as an attorney until 30^th November, 1970, when he accepted an appointment with a property development corporation. He was employed there till the end of September, 1971, and on 1^st October he started to work somewhere else. Later he again changed employment. On 28^th September, 1971, he applied for the removal of his name from the roll of attorneys, notaries and conveyancers and was admitted as an advocate of this Court three months later. He states that since November, 1970-that is the date on which he ceased to practise as an attorney-he had in no way, whether directly or indirectly, been associated, whether in the Republic of South Africa or elsewhere, with the profession of an attorney, notary or conveyancer, nor did he ever practise as an advocate.

The Court in the first place deemed it undesirable that both applications, i.e. the application for the removal of applicant's name from the roll of advocates and the application for admission as an attorney, notary and conveyancer, should be laid before the Court in one petition by way of a notice of motion and with one affidavit. It is desirable and according to practice that a separate application for removal and a separate application for admission be brought.

Secondly, as far as the application for the removal of applicant's name from the roll of advocates is concerned, it has been deemed essential that notice of the application be given to the Pretoria and Johannesburg Bar Councils. The ·Court was informed that no statutory duty in respect of such notice could be found. It is nevertheless the practice and it is also essential that the two Bar Councils should have notice of the application because it is in their material interest that a person should not at his own request be removed if they have knowledge of facts which should be before the Court when the Court considers the application.

The Court's order is that the application be postponed until 5^th February, 1973, so that the applicant may, inter alia, give notice to the Pretoria and Johannesburg Bar Councils of his application for the removal of his name from the roll of advocates.

SNYMAN, J ., concurred.

Postea: On 9.1.1973 before HIEMSTRA, J.

The applicant's name was removed from the roll of advocates at his own request and by way of a separate application.

Postea: On 5.2.73 before CILLIE, J.P., and DE WET, A.J.

The applicant was admitted as an attorney, notary and conveyancer. Applicant's Attorneys: Dyason, Douglas, Muller & Meyer.