ATM leader accuses Legal Practice Council of failing to act on attorney misconduct

African Transformation Movement (ATM) President and Member of Parliament Vuyo Zungula, has accused the Legal Practice Council (LPC) of failing in its statutory duty to discipline an attorney found guilty of serious professional misconduct. In a letter seen by The Star Zungula questions the LPC's delays in resolving cases where attorneys are accused of injuring the rights of citizens.

Zungula’s criticism follows the LPC Appeals Tribunal’s ruling against Cape Town based attorney Kaamilah Paulse, who was found guilty of multiple breaches of professional conduct earlier this year, findings which she firmly denies.

Tribunal Findings Against Attorney

In March, the LPC Appeals Tribunal, chaired by Advocate Sonja Lotter, overturned an earlier decision by the LPC that had dismissed a complaint brought by Johannesburg father Asif Casoojee against Paulse.

The Tribunal unanimously found that Paulse had engaged in serious professional misconduct by unlawfully obtaining a protection order against Casoojee without proper service or adherence to court procedures.

Furthermore, the Tribunal found that Paulse had acted in a conflict of interest by interfering in ongoing family law proceedings, allegations that included orchestrating parental alienation and unlawfully accessing confidential financial records.

According to the Tribunal, these actions violated multiple pieces of legislation, including the Protection from Harassment Act, the Children’s Act, and constitutional rights concerning procedural fairness and parental rights.

Paulse, however, has denied all allegations, maintaining through her legal representatives that she acted within the boundaries of the law and in accordance with her professional duties. She insists that the Tribunal’s findings were based on a misinterpretation of the facts and procedural errors.

Zungula Slams LPC’s “Dereliction of Duty”

Despite the Tribunal’s findings, the LPC has yet to take disciplinary action against Paulse, a delay that Zungula describes as a “clear dereliction of duty.”

In a formal letter addressed to the LPC Chairperson, Zungula expressed deep concern over what he called the Council’s “failure to uphold its statutory and constitutional responsibilities.”

“The Legal Practice Council’s inaction is a clear dereliction of its statutory and constitutional duties,” Zungula wrote. “Such neglect undermines public confidence in the legal profession and compromises the rule of law.”

The ATM leader emphasized that the LPC’s mandate, under the Legal Practice Act 28 of 2014, requires it to ensure that attorneys maintain the highest standards of ethical and professional conduct.

“The Council’s failure to act threatens the integrity of our legal system and the constitutional rights of individuals involved,” Zungula said, further noting the constitutional obligation to prioritize the best interests of children under Section 28(2) of the Constitution.

Call for Urgent Government Oversight

In light of the LPC’s continued inaction, Zungula has formally petitioned Minister of Justice and Constitutional Development,  Mmamoloko Kubayi, requesting urgent intervention and oversight.

In his letter, Zungula demanded that the LPC immediately commence disciplinary hearings against Paulse, provide a detailed explanation for the delay in implementing the Tribunal’s findings, confirm a date for the disciplinary proceedings or justify any further delay and reaffirm its commitment to the rule of law and the protection of vulnerable litigants.

He warned that failure to comply within ten business days would compel him to escalate the matter to Parliament’s Portfolio Committee on Justice, lodge a formal complaint with the Public Protector, and request a judicial review of the Legal Practice Act itself.

Concerns Over LPC’s Credibility

This case has reignited broader concerns about the effectiveness and accountability of the Legal Practice Council, the statutory body tasked with regulating South Africa’s attorneys and advocates.

Legal experts and civil society organizations have voiced fears that prolonged inaction on clear findings of misconduct could set a dangerous precedent, allowing unethical behaviour to persist unchecked and undermining public confidence in the justice system.

“The credibility of the legal profession depends on rigorous enforcement of ethical standards,” Zungula said. “We cannot allow regulatory bodies to ignore clear findings of misconduct.”

Observers warn that such failures could particularly harm vulnerable litigants, especially in sensitive matters like family law, where attorney misconduct can have devastating emotional and financial consequences.

LPC Yet to Respond

As of publication, the Legal Practice Council had not responded to The Star's questions. 

The Council’s silence has only deepened frustration among members of the public and the legal community, many of whom are calling for transparency and accountability from South Africa’s top legal watchdog.