Lawyer struck off the roll for operating without certificate, misplacing client’s money

TRUST ACCOUNT BREACHES

- SINENHLANHLA MASILELA [e-mail]

LEGAL Practice Council removes attorney for serious misconduct and financial breaches. | File

THE Legal Practice Council (LPC) has succeeded in having a North West attorney struck off the roll of legal practitioners following findings of serious trust account breaches, dishonesty and practising without a Fidelity Fund Certificate (FFC).

The North West High Court in Mahikeng ordered that Mmathari Mary Phogojane’s name be removed from the roll, finding she was no longer a “fit and proper” person to practise as an attorney. The court also appointed a curator to take control of her trust accounts and ordered her to pay costs on the punitive attorney-and-client scale.

Phogojane opposed the application, arguing that the LPC had acted prematurely by approaching the court before completing a formal disciplinary hearing. She claimed this violated her right to procedural fairness.

The court rejected this argument, holding that under section 44 of the Legal Practice Act, the high court retains inherent authority to discipline practitioners. It found that the LPC was entitled to approach the court directly where serious misconduct was alleged, particularly involving trust funds.