Law Society of the Northern Provinces v Mabando

The first respondent, an attorney practising in the former Bophuthatswana area, faced multiple complaints of unprofessional conduct, including failure to pay correspondent attorneys, failure to account for trust monies, and failure to respond to correspondence from the Law Society of the Northern Provinces (LSNP). The LSNP exercised disciplinary jurisdiction under s 84A of the Attorneys Act 53 of 1979, asserting concurrent jurisdiction with the Law Society of Bophuthatswana. Despite disciplinary findings, fines, and orders to account, the first respondent persistently challenged the LSNP’s jurisdiction, failed to comply with sanctions, and did not remedy the misconduct. The LSNP applied to the North West High Court to have the first respondent struck from the roll; the application was dismissed, prompting this appeal.

The appeal was upheld with costs on an attorney and client scale, jointly and severally against the first and second respondents. The order of the High Court was set aside and replaced with an order granting the application, including the relief sought in paragraphs 1–10.4, 11 and 12 of the notice of motion.

The case reaffirmed the concurrent regulatory jurisdiction of law societies under s 84A of the Attorneys Act and clarified that jurisdictional conflicts cannot shield attorneys from discipline. It underscored that the court on whose roll an attorney appears retains ultimate disciplinary authority and restated the proper approach to striking-off applications, reinforcing professional accountability in South African legal practice.