Six “greedy” advocates of the Pretoria Bar have been struck off the roll and seven given suspensions which will see some not practise for months in the biggest scandal to hit the law profession in the country to date.
In addition, the 13 guilty advocates will have to pay back to the Road Accident Fund (RAF) millions of rand – one of them nearly R6 million – in “ill-gotten gains”.
The 13, two of whom are senior counsels (Silks), have been at the Pretoria Bar between eight and 32 years and are experts in RAF cases.
Judge Kees van Dijkhorst – one of three retired judges called to the Bench to preside over the matter – said it was not a pleasant task to have to sanction such well-known and experienced advocates, described in the judgment as “men of good standing”.
Their offence? All had during 2009, to a greater or lesser extent, taken on far too many RAF cases in a day and had charged full fees for each case when they were only able to handle one trial a day. In one case, an advocate with 19 trials billed the RAF R237 000 for a single day.
“When counsel mount the steed of greed and attempt to clear the hurdle of their professional rules, their fall inevitably dents the reputation of the profession; in this case the proud reputation of the Pretoria Bar,” reads the opening statement of the judgment.
“We write this judgment in sorrow and lament the loss of integrity, in the past the hallmark of the profession of advocates.”
While the Pretoria Bar had earlier imposed fines of between R16 000 and R230 000 on the advocates, the judge said this paled into insignificance compared to their financial gains.
He added that double briefing (taking on more than one case at a time) was not a recent phenomenon. “Like the plague, it has been with us for centuries.”
Regarding the Bar’s circular to advocates in which it was made clear they may not over-brief and over-bill, the judge said every advocate knew it. He referred to the argument put forward by the advocates that it was permissible in the Bar in Joburg and that they were thus only “technically wrong” and not morally reprehensible, commenting: “If frowned upon at all, at best it could elicit but a single wrinkle.”
Judge van Dijkhorst said it appeared that no action was taken by the Pretoria Bar against the advocates until September 2009, when a senior member at the Bar laid a complaint. The ethics committe probed their conduct but he said the Bar had been “fiddling while Rome burnt”.
He compared it to a fire brigade seeing towering flames and billowing smoke, but taking no action as no one had reported the fire.
Apart from calling on the Bar Council to get its house in order, the judge also had had some criticism for the judges, saying that at the time, some had shut their eyes to this “insidious practice of double briefing”.
The judge ordered that a copy of the judgment be handed to the Law Society of the Northern Provinces to determine whether more lawyers should be brought to book.
It is understood that the advocates may appeal the ruling against them.
The RAF has welcomed the ruling and said it would not let the matter rest.
SANCTIONS IMPOSED
The following sanctions were imposed on the advocates:
* Brenton Geach SC – at the Bar for 35 years. He is effectively suspended for six months from practising and must pay back R984 000.
* Stef Guldenpfennig – 28 years at the Bar. He is effectively suspended for six months and must pay back R864 000.
* Thillay Pillay – about eight years at the Bar. His name is struck off the roll of advocates and he has to pay back R268 800.
* Mark Upton – 13 years at the Bar. Six months suspended sentence and has to pay back R166 400.
* Don Williams SC – 22 years at the Bar. Suspended effectively for five months from practicing and has to pay back R864 000.
* Theunis Botha – 26 years at the Bar. His name is struck off the roll of advocates and he has to pay back R1.76 million.
* Ephraim Seima – 14 years at the Bar. Six months suspended sentence and must pay back R141 900.
* Toy de Klerk – 14 years at the Bar. His name is struck off the roll of advocates and he must pay back R310 800.
* Cassie Jordaan – nine years at the Bar. Six months suspended sentence (he thus does not have to serve any suspension) and he must pay back R94 000.
* Colin van Onselen – 15 years at the Bar. Suspended for six months from practicing and has to pay back R967 800.
* Percy Leopeng – time spend at Bar not stated. His name is struck off roll of advocates and he has to pay back R1.3 million.
* Daniel Mogagabe – 10 years at the Bar. His name is struck off the roll of advocates and he must pay back R1.9 million.
* French Bezuidenhout – 25 years at the Bar.His name was struck off and he must pay back R5 992 400 (nearly R6 million).
The advocates of the Bar were given 12 months in which to pay the money back. - Pretoria News