The Council shall have disciplinary jurisdiction over all members no matter where the conduct which is, or allegedly is, unprofessional or dishonourable or unworthy is perpetrated.
The Council shall consider any complaint made by or on behalf of any person feeling aggrieved by reason of any alleged unprofessional or dishonourable or unworthy conduct of an attorney.
The Council may also of its own motion, exercise these powers notwithstanding the absence of any complaint.
A complaint shall be in writing and in the form of an affidavit or in any such form as the Council may from time to time require and shall set out in detail the facts upon which the complaint is based.
A member shall comply with the rules of professional conduct. A member who fails to comply shall be guilty of unprofessional and or dishonourable and or unworthy conduct.
A Disciplinary Committee, may where a member has been found guilty, impose punishment of a fine not exceeding R100 000,00 or reprimand the member or if of the opinion that the nature of the charge upon which a member is found guilty, warrants an application for the striking off of such a member from the roll of attorneys or for his suspension from practice, make a recommendation to the Council accordingly. The Council in such a case will give instructions to its attorneys to prepare and attend to the application on its behalf.
Complainants are also advised to seek legal advice where complaints are based on negligence or incompetence. Negligence by itself is not necessarily improper conduct. It is improper conduct only when it is so gross as to show a serious or reckless disregard for the client’s interest or for the proper standards of competence which can be expected from the profession.
The Council does not have the power to order an attorney to pay money to a client and complainants are advised to consult with attorneys for proper legal advice.
The Council does not give legal advice and complainants are advised to approach attorneys and or Legal Aid Clinics in their area.
Head - Disciplinary Department
Law Society of the Northern Provinces
P O Box 1493