SCA to rule on “attorney” Nange matter

The Supreme Court of Appeal (SCA) will have to decide on whether the cases in which an “attorney” who had represented clients illegally should be declared null and void. Permission was granted last week for the case to go the SCA.

A Thohoyandou-based legal representative, Vhutshilo Licollin Nange, caused major havoc in the High Court earlier this year when it was ruled that he had acted as an attorney since 2011 without the necessary certificates in place. The fear was that the outcome of dozens of court cases would thus be challenged, and trials would have to restart.

The lawyer’s conduct formed the centre of a court case between NW Civil Contractors and Anton Ramaano Inc and the Thohoyandou Sheriff of the Court. The case served in the Limpopo High Court in Thohoyandou and Judge Legodi Phathudi made his ruling on 14 May.

The respondents in the original case (dating back to September 2016), Ramaano and the Sheriff of the Court, complained that the applicant (NW Civil Contractors), had been represented by an attorney who, at the time, did not have a Fidelity Fund Certificate issued by the Law Society. Without such a certificate in place, legal practitioners are not allowed to represent clients in court cases. Ramaano and the Sheriff took the matter to the High Court, requesting that the proceedings be declared null and void.

Vhutshilo Licollin Nange from Thohoyandou admitted in court papers that he had practised without a Fidelity Fund Certificate since 2011. The legal representatives currently representing his former clients (NW Civils), however, argued that the Attorney’s Act does not prohibit an attorney without a Fidelity Fund Certificate from practicing. Such a person will simply not be entitled to receive any compensation while acting for clients.

In his ruling, Judge Phathudi quoted Section 41 of the Attorney’s Act, wherein it very clearly states such a pre-condition. Section 83(10) of the Act further states that any person “who directly or indirectly purports to act as a practitioner or to practice on his or her own account or in partnership without being in possession of a fidelity fund certificate, shall be guilty of an offence.”

“The fidelity fund protects the funds deposited by members of the public against misappropriation of the money they have entrusted to attorneys,” Judge Phathudi said.

Mr Sipho Mdluli from the Law Society of the Northern Provinces confirmed last week that Vhutshilo Nange had been suspended on 29 August last year. He said the reason for his suspension was that he had not completed a compulsory practice management course. He confirmed that Nange’s Fidelity Fund Certificate was not in place.

Following the ruling, Limpopo Judge President Ephraim Makgoba warned other legal practitioners not to “jump the gun” and to wait for the SCA to rule on the matter. He pointed out that the High Court ruling has serious ramifications and, for example, in divorce matters the parties would now stay married to each other. In cases where money has been claimed and execution proceedings have taken place, such transactions may have to be reversed. Even criminal cases where the legal practitioner appeared on behalf of clients may have to be re-opened and trials will have to start afresh.

Date:03 September 2018

By: Anton van Zyl

Anton van Zyl has been with the Zoutpansberger and Limpopo Mirror since 1990. He graduated from the Rand Afrikaans University (now University of Johannesburg) and obtained a BA Communications degree. He is a founder member of the Association of Independent Publishers.

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