In a landmark ruling that underscores the absolute integrity required of officers of the court, the Eastern Cape Division of the High Court has ordered that attorney Zoleka Ponoane be struck from the roll of legal practitioners.
The disbarment comes after a lengthy disciplinary process revealed that Ponoane had committed a severe ethical breach by drafting the judgment for a trial in which she was the attorney representing the plaintiffs. The court found this action to be a fundamental violation of the legal profession’s core principles.
The application for Ponoane’s removal was brought by the Legal Practice Council (LPC), the body responsible for overseeing the conduct of legal professionals in South Africa.
Speaking to the media, Alfred Hona, the LPC’s Eastern Cape Provincial Director, detailed the gravity of the transgression. “The drafting of a judgment of the court is a judicial function,” Hona stated. “For it to be undertaken by somebody who is not a magistrate or judicial officer is a very, very serious matter.”
He explained that Ponoane’s actions meant she had “taken over a function that is not hers but which belongs to duly appointed presiding officers,” constituting a direct breach of the professional honesty and integrity expected of all lawyers.
The case, which has a long and complex history dating back to 2012, involved a magistrate who allegedly allowed the misconduct to occur. That magistrate has since passed away. Hona clarified that while the LPC has jurisdiction over attorneys, any sanction against a judicial officer would have fallen to the Magistrates Commission, which he believed would have also imposed a “serious sanction.”
When questioned about the decade-long timeline from the initial incident to the final disbarment, Hona outlined a protracted process. The matter was only formally referred to the LPC in February 2019, following a review application brought by the Minister of Police.
The investigation was further delayed as Ponoane sought to appeal the findings of the initial review judgment. Once that appeal was unsuccessful, the LPC’s internal processes, including investigations by a committee and a full disciplinary hearing, took several more years to complete.
Ponoane was found guilty by a disciplinary committee in October 2023 on charges of failing to maintain the highest standards of honesty and integrity and for bringing the legal profession into disrepute. The committee recommended the sanction of striking off, which the LPC council adopted in July 2024, leading to the successful High Court application.
The court’s judgment, delivered on August 25, 2024, serves as a stark reminder of the inviolable boundaries within the justice system and the severe consequences for those who compromise its integrity.