Court denies advocate's re-admission over RAF overcharging scandal

<p>Twelve of the advocates had pleaded guilty before a disciplinary committee of the Pretoria Bar’s Ethics Committee 14 years ago to “technically” breaching the Bar’s rules, by double-briefing and overreaching (double-billing) in RAF matters.</p>

<p>Bezuidenhout, however, maintained his innocence.</p>

<p>In the opening to this month’s judgment on the subject, Judge Swanepoel questioned: “How is one to measure a man’s character? How does one determine whether a person is inherently dishonest, or whether he or she has real remorse for prior actions?”</p>

<p>A practice had emerged among counsel specialising in RAF cases, whereby they accepted multiple instructions in trial matters for the same date, subsequently billing for each matter as if a trial had been conducted, whereas most were settled between the parties. This practice continued despite a circular warning the legal fraternity not to do so.</p>

<p>Bezuidenhout eventually faced 819 charges of misconduct, and he, unlike a number of his erstwhile colleagues, took a hardline approach, which the court at the time described as being obstructive. He morally justified his conduct by saying it was permissible under the Johannesburg Bar rules.</p>

<p>Judge Swanepoel said 13 years have passed since Bezuidenhout’s appeal was dismissed, and the question is now whether he has gained any insight into his conduct.</p>

<p>The judge said Bezuidenhout stated in court papers that he is remorseful for his conduct, and he apologises profusely. He also stated that he is now a reformed person.</p>

<p>But Judge Swanepoel remarked, “words are, however, just words”. He referred to a statement made by Bezuidenhout in which he said, unlike his colleagues, he never charged fees for hours that he did not work, and/or fees for overlapping hours.</p>

<p>“This statement is astounding in its disingenuity. While it is so that the applicant never charged for preparation for trial or for other additional work, he charged multiple trial fees in cases that were on the roll on the same day,” Judge Swanepoel said.</p>

<p>Overall, he charged for trials that did not proceed on 615 occasions and received R5.9 million in overcharges.</p>

<p>“When I enquired from the applicant why he had not disclosed the true extent of his ill-gotten gains, he said that it had not occurred to him to do so. In my view, if an applicant does not fully disclose the extent of his misconduct, it is an indication that he has not truly reformed,” Judge Swanepoel said.</p>

<p><strong>Cape Times</strong></p>

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