The applicant is the statutory custodian of attorneys’ profession and acts, in the instant matter, in furtherance of the objectives of its constituting and enabling legislation viz. The Attorneys Act, 53 of 1979 (the Act) which include regulation of the exercise of the profession and promotion of uniform practice and discipline among practitioners.  (See Section 58 of the Act).

The respondent, on the other hand, has been a member of the applicant since his admission as an attorney in 2004 although he started practising as such for his own account in 2007.