The Cape Bar Council has asked controversial advocate Nehemiah Ballem to refrain from practising law until the outcome of an investigation into his crude remarks to a Western Cape High Court judge.
Cape Bar chairman Alasdair Sholto-Douglas said the full Bar Council had met on Thursday to discuss a complaint lodged by Judge Lee Bozalek that Ballem, questioned about his late arrival at court, replied in Afrikaans: “Jou ma se p**s, man, f**k you!”
Sholto-Douglas said while at this stage they would ask Ballem to voluntarily make the undertaking, if he refused, they would take further steps.
He said the Cape Bar had resolved to appoint a two-person disciplinary committee to investigate the complaint. It was expected to report back within 10 days.
The incident occurred on Friday during a criminal appeal.
“Ballem has not been in his chambers, but we have been communicating with him through a colleague,” said Sholto-Douglas.
“Our understanding is that he is receiving some medical treatment.”
Sholto-Douglas went on to say that they were also making enquiries about whether any members of the public had been prejudiced by Ballem’s comments.
He was referring to clients that Ballem would have represented over the next few weeks.
“We will be making efforts that Ballem’s client in the criminal appeal on Friday will not be prejudiced (as a result),” said Sholto-Douglas.
Meanwhile, several advocates have come out in Ballem’s defence, saying his outburst was entirely “out of character”. Some hit out at the Bar for the way the matter has been handled.
“Some of us are appalled at calls to take serious action against Ballem as there may have been mitigating circumstances which could have pushed him to the brink,” said an advocate who declined to be named.
He said there appeared to be an “inconsistent attitude” in terms of how the Bar had dealt with similar matters in the past.
Senior Judge Siraj Desai has also since defended Ballem’s character, saying Ballem had always been “courteous” toward him and the court.
Ballem could not be reached, despite numerous attempts by the Cape Times.
The National Prosecuting Authority is also investigating the matter. - Cape Times