The Law Society of the Northern Provinces v Mutshutshu Wilson Mamatho

The respondent was admitted as an attorney in the Transvaal Provincial Division (TPD) in 1986 and practised there until July 1996. Thereafter he practised as an attorney in Thohoyandou, within the jurisdiction of the former Venda High Court. The appellant Law Society applied in the TPD to have him struck off the roll for failing to submit an audit certificate and for practising without a fidelity fund certificate, in breach of the Attorneys Act 53 of 1979. The High Court dismissed the application on the basis that it lacked jurisdiction because the respondent was no longer practising within its territorial jurisdiction at the time the application was launched.

The appeal was upheld with costs. The order of the Transvaal Provincial Division dismissing the application for lack of jurisdiction was set aside, and the matter was remitted to that court for determination of the merits.

The case clarifies the jurisdiction of High Courts to discipline attorneys under the Attorneys Act, confirming that jurisdiction is not lost merely because an attorney ceases to practise within the court’s territorial area. It prevents attorneys from avoiding professional discipline by relocating or stopping practice.