Asiwanga Adolph Madzivhandila v The Law Society of the Northern Provinces

The appellant, an attorney admitted in Venda, practised for his own account. Multiple complaints were lodged with the Law Society of the Northern Provinces alleging that he failed to account to clients for trust monies received, mainly arising from settled Road Accident Fund claims and other mandates. Investigations by a chartered accountant revealed that the appellant’s accounting records were unavailable and that he had misappropriated trust funds for personal and business expenses. The Law Society applied to the Venda High Court to have his name struck from the roll. Although the appellant filed a notice of intention to oppose, he failed to deliver an answering affidavit timeously and sought a last-minute postponement, which the High Court refused before striking him from the roll.

The appeal was dismissed, and the appellant was ordered to pay the respondent’s costs of appeal on the attorney-and-client scale.

The case confirms the jurisdiction and standing of the Law Society of the Northern Provinces over attorneys practising in former TBVC states under section 84A of the Attorneys Act. It also reaffirms strict standards applicable to postponement applications and underscores the seriousness with which courts treat the misappropriation of trust monies by attorneys.