BEGIN DEUR 'N "HEADER" TE MAAK
Sneller Verbatim/PJ
IN THE LABOUR COURT OF SOUTH AFRICA
BRAAMFONTEIN
CASE NO: J2642/02
2003-01-15
In the matter between;
THEMBINKOSI MTHETHWA Applicant
and
LEWIS FURNITURE Respondent
___________________________________________________________
J U D G M E N T
__________________________________________________________
CASSIM, AJ: At the hearing on 15 January 2003 when the matter
was called, Mr Aaron Chauke appeared and informed me that he
represents the applicant and that the matter had been settled with
the respondent Lewis Stores (Pty) Ltd.
He presented a settlement agreement which I received and
noted on the court file that the dispute is settled and therefore
resolved.
I thereafter informed Mr Aaron Chauke that I had received a
complaint that he was not an attorney and he informed me, as I
understood the position, that he was an attorney. I requested him
to produce some form of proof that he was an attorney.
At 14:00 on this day, 15 January 2003, Mr Chauke arrived at
my chambers. He informed me that he had no documents available
as he was moving premises. I asked him whether he could produce
any proof that he was a graduate. He stated that in the file which
he had available, there were no documents and that he would have
to locate such documents.
I then informed him that I was earlier that morning in the
offices of the Law Society and my preliminary investigation showed
that he was not an attorney. I further informed him that I was in
receipt of a letter from Attorneys Nhlapo from Boksburg in which
they confirmed that he, Aaron Chauke, is not practising with Nhlapo
Attorneys and in fact is not an attorney.
Mr Chauke then responded that he is not an attorney but that
he is a labour consultant. I then directed that we reassemble
forthwith in court as I wish to put these facts on record. Mr Aron
Chauke, however, did not arrive at court. I take it that he
disappeared and did not abide by my directive that he attends
court.
It is clear from the papers in this file that Aaron Chauke holds
himself out to be an attorney, practising at c/o Nhlapo Attorneys,
Boksburg.
I am satisfied from what had happened that he is not a
practising attorney and that he is unlawfully passing himself if as
attorney associate with Nhlapo Attorneys of Boksburg.
I have however therefore ascertained that the settlement
agreement with Lewis Furniture Ltd is a genuine agreement.
Accordingly, I make the following rulings:
1. That this matter be referred to the Director of Public
Prosecutions with the complaint from this court that Aaron
Chauke is holding himself out to be an attorney when in fact
he is not an attorney;
2. That it be published in this court and wherever else it is
necessary, to inform the judges of this court, the registrars
and the litigating public that Aaron Chauke is not an attorney
and has no right of appearance in this court.
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N A CASSIM
Acting Judge of the Labour Court of South Africa