REPUBLIC OF SOUTH AFRICA
IN THE HIGH COURT OF SOUTH AFRICA
GAUTENG DIVISION, PRETORIA
CASE NO: 58532/19
In the matter between:
SOUTH AFRICAN LEGAL PRACTICE COUNCIL Applicant
and
CATHARINA JOHANNA VAN DER MERWE Respondent
JUDGMENT
This matter was enrolled for hearing on 29 October 2020. It was dealt with or determined on the papers
in terms. of the Directives of the Judge President of this Division dated 25 March 2020, 24 April 2020, 11
May 2020 and 18 September 2020. The judgment and order are accordingly published and distributed
electronically. The date and time of hand-down is deemed to be 10:00 on 18 December 2020.
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,TEFFO, J (LENYAI, AJ CONCURRING)
[1] The applicant seeks an order for the striking of the respondent's name from the roll of attorneys
together with ancillary relief sought in the notice of motion.
[2] The respondent filed a notice of intention to oppose the application. However, she failed to file an
answering affidavit. The application is therefore not opposed.
[3] On 5 May 2020 this Court suspended the respondent from practicing pending the finalisation of the
application and further ordered the respondent to show cause on or before 29 October 2020 why her
name should not be struck from the roll of attorneys. The respondent still did not file any opposing papers.
The parties
[4] The applicant is the South African Legal Practice Council (the Council). The Council was established in
terms of section 4 of the Legal Practice Act1 (the LPA) as a body corporate with full legal capacity to
exercise jurisdiction over all legal practitioners as contemplated in the LPA. The LPA came into effect on 1
November 2018.
[5] Section 118(2) of the LPA provides that any proceedings in respect of the suspension of any person
from practice as an advocate, attorney. conveyancer or notary, or in respect of the removal of the name
of any person from the roll of advocates, attorneys, conveyancers or notaries which have
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Act 28 OF 2014
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, been instituted in terms. of any law repealed by the LPA, must be continued with and concluded as if that
law has not been repealed. For this purpose, a reference to the Law Society in the provisions that deal
with suspension or removal, must be construed as a reference to the Council.
[6] The respondent is Ms. Catharina Johanna Van der Merwe. She was admitted as an attorney of this
Court on 5 March 2007. Her name still appears on the role of legal practitioners.
[7] The respondent, until her suspension, was practicing as a single practitioner for her own account under
the style of Katy Van der Merwe Attorneys (“the firm” or “practice”) at No 40 Van Graan Road, Casseldale,
Springs, Gauteng Province.
Background
[8] The respondent’s firm was established on 1 July 2012 with the respondent as the sole director. The
last Fidelity Fund Certificate issued to her was for 2017.
The facts
[9] The Law Society/Council alleges that the respondent contravened the provisions of the Attorneys’ Act,
the LPA, the Law Society Rules, the Rules of the Attorneys’ Profession, the Legal Practice Council (“LPC”)
Rules and the Code of Conduct in that:
9.1 She failed to submit her auditor’s report for the financial period ending 28 February 2017 to
the Law Society/Council timeously.
9.2 For the above reasons, the respondent did not qualify for and was not issued with a Fidelity
Fund Certificate for 2018. Despite this, she continued practicing as an attorney without being in
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