About SAFLII
Databases
Search
Terms of Use
RSS Feeds
South Africa: South Gauteng High Court, Johannesburg
SAFLII
>>
Databases
>>
South Africa: South Gauteng High Court, Johannesburg
>>
2024
>>
[2024] ZAGPJHC 934
|
|
Modupe v Legal Practice Council (2023/121159) [2024] ZAGPJHC 934 (20 September 2024)
REPUBLIC
OF SOUTH AFFRICA
IN
THE HIGH COURT OF SOUTH AFRICA
GAUTENG
LOCAL DIVISION, JOHANNESBURG
Case
Number: 2023-121159
1.
REPORTABLE: NO
2.
OF INTEREST TO OTHER JUDGES: NO
3.
REVISED: NO
20 September 2024
In
the matter between:
In
the application of:
MODUPE-OLUWA-JACK
MODUPE
APPLICANT
and
LEGAL
PRACTICE COUNCIL
RESPONDENT
Coram:
Sutherland DJP, Modiba J
Heard
:
19 September 2024
Delivered:
20 September 2024 – This judgment was handed
down electronically by circulation to the parties' representatives
via
email,
by publication on the website of the Supreme Court of Appeal and by
release to SAFLII. The date and time for hand-down is
deemed to be
11:00.
Summary:
Application for leave to appeal -
whether there are prospects of success - application dismissed.
JUDGMENT
MODIBA
J
(Sutherland DJP concurring)
[1]
Relying
on section 16(1)(a)(ii) read with section 17(2)(a)of the Superior
Court’s Act,
[1]
Modupe-Oluwa-Jack Modupe as applicant in both the main application
and this application, seeks leave to appeal this court’s
judgment and order of 27 August 2024, dismissing his application for
admission as a legal practitioner with punitive costs. The
Legal
Practice Council (LPC) as the intervening party in the main
application and a respondent in this application is opposing
the
application for leave to appeal.
[2]
I have considered the grounds for appeal as
set out in Mr Modupe’s application for leave to appeal, his
written and oral submissions
as well as oral submissions by the
attorney for the LPC. I find that none of the grounds of appeal
relied on by Mr Modupe will
yield a different outcome in the
contemplated appeal proceedings.
[3]
In the premises, the application stands to
be dismissed with costs. For the same reasons set out in the impugned
judgment, the LPC
should not be out pocketed by this application.
[4]
I therefore make the following order:
Order
The application is
dismissed with costs on the attorney and client scale.
MODIBA J
JUDGE OF THE HIGH
COURT,
JOHANNESBURG
The
Applicant:
For
the Respondent:
Date
of hearing:
Date
of judgment:
Modupe-Oluwa-Jack
Modupe (in person)
D
Bekker, Fourie Fismer Incorporated
19
September 2024
20
September 2024
Mode
of delivery:
This judgment is handed down
virtually on the MS Teams platform and transmitted to the parties’
legal representatives by email,
uploading on CaseLines and release to
SAFLLI. The date and time for delivery is deemed to be 10 am
.
[1]
Act
10 of 2013