Complaints Procedures

This Statutory Disciplinary Committee is established in terms of Section 34(1) of the Legal Practitioner’s Act, Act No 15 of 1995, for the purpose of exercising disciplinary control over legal practitioners and candidate legal practitioners in accordance with the provisions of the Legal Practitioner’s Act.

Complaint application made by the Council of the Law Society, or by a person affected by the conduct of a legal practitioner, shall be made to and be heard by the Statutory Disciplinary Committee in accordance with the provisions of the Legal Practitioner’s Act. These complaints should be addressed to The Secretary, Statutory Disciplinary Committee, c/o the Ministry of Justice, Private Bag 13248, Windhoek.

If it is the opinion of the Statutory Disciplinary Committee that an application made to it does not disclose a prima facie case of unprofessional or dishonourable or unworthy conduct on the part of the legal practitioner concerned, the Statutory Disciplinary Committee may summarily dismiss such application without requiring the legal practitioner to answer to the allegations and without hearing the application.

An applicant who is aggrieved by such decision of the Statutory Disciplinary Committee may appeal to the court against that decision, and the court may either confirm the decision of the Statutory Disciplinary Committee, or order the Statutory Disciplinary Committee to hear the application and deal with it in accordance with the Legal Practitioners Act.

Where in the opinion of the Statutory Disciplinary Committee an application does disclose a prima facie case of unprofessional or dishonourable or unworthy conduct on the part of a legal practitioner, or where the court has ordered that the committee hear such complaint, the Statutory Disciplinary Committee shall:

• Fix a date, time and place for the hearing of the application and notify the applicant and the legal practitioner concerned thereof; and
• Not later than 14 days before the date fixed for the hearing of the application, furnish the legal practitioner concerned with a copy of any affidavit made in support of the application and shall give him or her an opportunity to inspect any document lodged with the disciplinary committee in relation to the application.

The Statutory Disciplinary Committee may appoint a legal practitioner to lead evidence at the hearing of the application and to cross-examine the legal practitioner to whom the application relates, and the witnesses called by him or her and to present argument. Please note that the legal practitioner shall be entitled to legal representation at the hearing of an application by the Statutory Disciplinary Committee.

At the conclusion of the hearing of the Statutory Disciplinary Committee:

•  If it is satisfied that a case of unprofessional or dishonourable or unworthy conduct has not been made out against the legal practitioner, shall dismiss the application;·
•  If it is satisfied that the legal practitioner is guilty of the unprofessional or dishonourable or unworthy conduct alleged in the application or in respects other than those alleged, shall act in accordance of the provisions of either subsection 35 (8) or (9) of the Legal Practitioner’s Act.

If the Statutory Disciplinary Committee is of the opinion that the unprofessional or dishonourable or unworthy conduct of which the legal practitioner is guilty, does not justify an application to court for an order to strike the legal practitioner’s name from the roll or to suspend him or her from practice, it may:

•  reprimand the legal practitioner; or
•  reprimand him or her and impose upon him or her a penalty not exceeding N$ 10 000.00.

However, if the Statutory Disciplinary Committee is of the opinion that the unprofessional or dishonourable or unworthy conduct of which a legal practitioner is guilty justifies an application to the court for an order to strike the legal practitioner’s name from the roll or to suspend him or her from practise, it shall proceed to make such an application to the court.

The Statutory Disciplinary Committee may further make such order as to the reimbursement of costs incurred by the disciplinary committee in connection with the application, including witness expenses as it may think fit.

A legal practitioner upon whom a penalty has been imposed by the Statutory Disciplinary Committee may within 30 days of notification to him or her of the decision appeal to the court against that decision.

The Statutory Disciplinary Committee may impose the following in respect of disciplining a candidate legal practitioner:

•  reprimand the candidate legal practitioner;
•  reprimand and order the candidate legal practitioner to pay a penalty not exceeding N$ 1000.00; or
•  withdraw his or her registration as a candidate legal practitioner, either indefinitely or for such period as the disciplinary committee may determine.

If in determining an application made to it the court finds that the legal practitioner to whom the application relates is guilty of unprofessional or dishonourable or unworthy conduct, it may, given the circumstance of the case and if it seems fit to do so, and instead of granting an order that the name of the legal practitioner be struck off the roll or that he or she be suspended from practice,

•  reprimand the legal practitioner; or
• reprimand and order the legal practitioner to pay a penalty not exceeding N$ 10 000.00, and
•  make any order as to restitution in relation to the case.