Law Society of the Cape of Good Hope v Michael Wharton Randell

Michael Wharton Randell, a practising attorney, faced pending criminal charges of fraud and theft arising from alleged misappropriation of R2.4 million while acting as a trustee of the Greenwood Property Trust. Based on the same facts, the Law Society of the Cape of Good Hope applied in the Eastern Cape High Court to strike his name from the roll of attorneys under s 22(1)(d) of the Attorneys Act 53 of 1979. Randell did not file an answering affidavit but instead sought a stay of the striking-off application pending finalisation of the criminal proceedings, contending that responding would prejudice his criminal defence and violate his constitutional rights to silence and against self-incrimination. The High Court granted the stay, and the Law Society appealed to the Supreme Court of Appeal.

The appeal was upheld with costs on an attorney and client scale. The order of the High Court staying the striking-off proceedings was set aside and replaced with an order dismissing the application for a stay, also with costs on an attorney and client scale.

The case authoritatively clarifies South African law on when civil or disciplinary proceedings may be stayed pending related criminal proceedings. It confirms that, absent state compulsion to testify, courts should not intervene merely because an accused faces a difficult strategic choice. The judgment is particularly significant for professional disciplinary proceedings, reinforcing the primacy of public protection and the integrity of the legal profession.