Gauteng High Court bars attorney Douglas Shaw from practising pending LPC investigation
Douglas Shaw on Tuesday waiting for the LPC's urgent application to have him suspended from the roll of attorneys.
Image: Timothy Bernard/Independent Newspapers
The Gauteng High Court in Pretoria has ruled that lawyer Douglas Shaw, who is leading a R60 billion class action against four major banks, cannot practise as an attorney at this time.
The ruling, made by Judge Petrus van Niekerk on Tuesday, is pending the Legal Practice Council's (LPC) application to suspend or remove Shaw from the roll of legal practitioners due to his lack of a Fidelity Fund Certificate.
The LPC’s urgent application did not go ahead on Tuesday, as the parties indicated that they still wanted to exchange court papers. Indications at this stage are that the urgent bid by the legal watchdog will return to the urgent court on May 12.
While the parties agreed that the matter could not go ahead at this stage, Judge Van Niekerk questioned what should happen in the interim until the matter is resolved.
The judge commented that "this matter is in the public interest, and I cannot allow him to practice without a certificate".
The judge said that whether the application was being postponed or not, he was set on issuing an interim order.
Counsel for Shaw explained that he has not been practising since the matter of the Fidelity Certificate came up in court earlier.
Shaw is meanwhile set on fighting his suspension, as he had applied for his Fidelity Fund Certificate but said it was not issued to him as the LPC still required more documentation, which, according to him, he did supply.
It came to light in February, as the R60bn long-awaited class action was due to kick off in the Johannesburg High Court, that Shaw did not have a Fidelity Fund Certificate for this year.
Shaw explained that he had the certificate last year, but it was not renewed for this year. He, however, assured the court that he is on the brink of receiving it and that only a few documents required by the LPC were still outstanding, which, according to him, have now been submitted.
But Judge Leonie Windell was adamant that without it, he would be off this case. She also requested the LPC to investigate the matter and to report back to the court.
The Investigating Committee of the LPC recommended that an urgent application be brought to suspend Shaw from the roll of legal practitioners.
Others complained that they were severely shortchanged as their homes were sold for far below their market price to recover outstanding debt. The banks are contesting the application and, in lengthy court papers, stated that they do everything possible to protect default homeowners.
The LPC has set out in its report that Shaw, who was admitted as an advocate in 2010, was permitted in 2024 to convert to an attorney.