'UNPRECEDENTED' Attorney's misconduct in rewriting judgment

A CASE before the Eastern Cape High Court, in which it had emerged that an attorney allegedly wrote a judgment on behalf of a magistrate to favour her clients, was described by a judge as “unprecedented in the annals of the judiciary in the country”.

- ZELDA VENTER

This followed an application by the SA Legal Practice Council, in which it asked the court that the name of attorney Zoleka Ponoane be struck from the roll of legal practitioners due to misconduct.

The misconduct complained of occurred in the regional magistrate’s court at Sterkspruit, during 2012. Ponoane represented various plaintiffs in an action against the minister of police, based on alleged assaults, unlawful arrests and detentions by the police.

The six plaintiffs were all represented by Ponoane as their attorney of record. After hearing evidence in the matter, the magistrate reserved his judgment.

He subsequently prepared a draft judgment which was four pages long. He sent the unsigned draft judgment to Ponoane. Shortly after she received the draft judgment she discussed it telephonically with the magistrate.