Treasury lawyer Jeremy Gauntlett is seen during the e-toll case at the Constitutional Court in Johannesburg in August 2012. Picture: Werner Beukes/SAPA
PROMINENT Advocate Jeremy Gauntlett’s retirement from the Bar will not deter the Legal Practice Council (LPC) from investigating his alleged misconduct following sexual abuse claims.
This is after Hylton White made allegations of historical sexual abuse against Gauntlett.
White, a senior social anthropology lecturer at the University of the Witwatersrand, came forward after the Anglican Church South Africa had appointed Gauntlett as part of a three person panel to review its handling of abuses by barrister John Smyth.
Smyth is accused of having committed sexual abuse described as “prolific, brutal and horrific” at boys’ camps from the 1970s and 1980s. These incidents are said to have been committed on more than 100 boy victims in various countries, including the UK and Zimbabwe. He had lived in Cape Town until his death in 2018.
An independent review by Keith Makin into the Church of England’s handling of allegations against Smyth noted, “Questions also remain unanswered about any abuses which may have been perpetrated by John Smyth while he was living in Durban and Cape Town, between 2001 and 2018.”
Archbishop Thabo Makgoba, last week confirmed that he had “accepted an offer” from Gauntlett to step down from the inquiry following White’s allegations.
White detailed alleged incidents of sexual abuse, including one on a hike in Hogsback, one in a hotel room in Gqeberha and another incident at Gauntlett’s Constantia home.
LPC provincial director, Ignatius Briel said in terms of its rules it was obliged to investigate as the alleged misconduct was of a “serious nature”.
“In terms of the LPC Rules, the LPC is obliged to investigate any alleged misconduct which is in the public domain and which may be of a serious nature. At this stage the LPC has not made any findings yet on the allegations raised against Adv Gauntlett SC, but for the integrity of the profession and for the sake of fairness to Adv Gauntlett, we have decided to ask for his comments on the allegations. The LPC also confirms that it is in the process of reaching out to the complainant and we will consider information that is brought to our attention.
“The LPC exercises oversight over all legal practitioners and has the authority to fully investigate all matters pertaining to the conduct of all legal practitioners – our independent investigations committee will consider the details and then submit a recommendation to Council for consideration. LPC processes continue, even in the event that a legal practitioner voluntarily removes his or her name from the roll or resigns from practice.”
The General Council of the Bar of South Africa (GCB) added that allegations such as these, were “serious in the extreme, and are of great concern to the greater South African public, the legal profession and the GCB”.
GCB Chairperson, Advocate Ahditya K Kissoon Singh SC said: “As the GCB is a federal organisation, it has referred the matter to the Cape and Johannesburg Bars which have investigative and disciplinary powers.”
The Johannesburg Bar confirmed that its Professional and Fees Committee were investigating the matter. It had also received a letter from Gauntlett of his retirement from the bar.
“This remains an ongoing process. No further comment will be issued at this time. We reiterate our request that all concerned accept that due process must follow,” the legal body said.
Both Gauntlett and the Cape Bar did not respond to requests for comment by deadline.
Cape Times
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