Limpopo attorney disbarred after forging a court order and falsifying documents for a job
The Limpopo High Court in Polokwane has struck an attorney from the roll of legal practitioners after finding that he forged a court order and submitted a falsified letter of good standing to Legal Aid South Africa.
The high court said Nkoma Eric Moeng’s conduct showed “a complete lack of honesty and integrity”, qualities that are essential for officers of the court.
The application was brought by the Limpopo Provincial South African Legal Practice Council (LPC), which acts as the regulator of attorneys and advocates and is tasked with protecting the public interest.
The first complaint against Moeng arose from an incident at the Praktiseer Magistrate’s Court in December 2019.
The magistrate reported that Moeng shouted at him in court after an ex parte application (from one side only) was dismissed. Despite the dismissal, Moeng allegedly issued documents reflecting that a rule nisi (a provisional court order) had been granted and instructed the sheriff to serve the order on the opposing parties.
A disciplinary committee of the LPC later found Moeng guilty of misconduct for falsifying court processes and for his failure to attend an investigative meeting. Although one charge was dismissed, the committee recommended that he be removed from the roll of practising attorneys.
Moeng opposed the LPC’s court application, arguing that the magistrate had in fact granted an interim order and accused the magistrate of acting out of spite following previous disagreements in court. He further claimed that the application to strike him off was premature because he had not been properly notified of the disciplinary committee’s outcome and had therefore been deprived of his right to appeal.
The court rejected these arguments. It found that Moeng had been notified of the disciplinary committee’s recommendation in July 2024 and had failed to lodge any appeal within the 30-day period prescribed by the Legal Practice Act.
“The respondent (Moeng) cannot rely on his own inaction,” the court held, adding that his claim that the LPC was acting in bad faith was unacceptable.
The second complaint related to job application Moeng made to Legal Aid South Africa in January 2024. Legal Aid asked the LPC to verify a letter of good standing that Moeng had submitted with his application.
Upon investigation, the LPC discovered that the letterhead reflected outdated office-bearers and an old address and informed Legal Aid that the document was not authentic.
Although Moeng denied being found guilty of forging the letter and complained that he had not been afforded an opportunity to respond, the court held that, on the probabilities, he had submitted a forged letter of good standing.
The court emphasised that forging court orders and official documents is a serious form of fraud.
“Falsifying of court orders is a scourge,” the court said. “Legal practitioners who are guilty of such conduct are not fit and proper to practise. The courts and the public are entitled to rely on the scrupulous honesty and personal integrity of legal practitioners.”
Applying established legal principles, the court found that Moeng’s dishonesty warranted the ultimate sanction of being struck from the roll. It noted that where dishonesty is proven, suspension rather than removal is only justified in exceptional circumstances, which were absent in this case.
In addition to removing Moeng from the roll, the court appointed a curator to take control of his firm’s trust accounts, wind up the practice and protect the interests of clients. Moeng was ordered to hand over all accounting records and files and to surrender his certificate of enrolment as an attorney.
He was further ordered to pay the costs of the application on an attorney-and-client scale.
sinenhlanhla.masilela@iol.co.za
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