Ndleve v Pretoria Society of Advocates

Mr Ralph Patrick Ndleve was admitted as an advocate in 2002. Between 2006 and 2013, the Pretoria Society of Advocates received multiple complaints that he took instructions directly from lay clients without attorneys, accepted money directly from clients, and stole funds intended for clients’ creditors. The Society applied to the High Court, Gauteng Division, Pretoria, which on 12 June 2013 struck him from the roll of advocates with costs. Mr Ndleve unsuccessfully sought leave to appeal in the High Court and the Supreme Court of Appeal. He then brought a series of five applications to the Constitutional Court over a year, all challenging the striking-off order. In this application, he sought to have the High Court proceedings declared invalid or, alternatively, leave to appeal to the SCA or a Full Court. Evidence before the Constitutional Court suggested that he continued practising as an advocate after being struck from the roll.

The application for leave to appeal was dismissed.

The case underscores the Constitutional Court’s intolerance of repetitive and meritless litigation and affirms the principle that striking an advocate from the roll serves to protect the public, not merely to punish the practitioner. It highlights the duties of professional bodies, such as societies of advocates, to act decisively to enforce court orders and safeguard the integrity of the legal profession.