Advocate’s appeal to stay at Cape Bar fails

The SCA dismissed Van der Berg’s appeal against a decision by two Cape High Court judges to strike his name from the roll of advocates. Complaints against Van der Berg arose from his representing German national Jurgen Harksen, alleged to have committed fraud. The SCA said with Harksen, Van der Berg acted in conflict with the duties of an advocate. It found he had failed to disclose facts known to him to a court, material to the truth of evidence before the court. It also found he received fees other than through an attorney, as a consequence of acting without proper instructions. In addition it held he associated himself with a mandate relating to a fraudulent scheme that was detrimental to the reputation of the profession. The unanimous judgment by a full bench of five appeal judges accepted that Van der Berg was not a knowing party to the fraud, ‘Nevertheless the various transgressions viewed together, paint a picture of an advocate who is quite indifferent to the demands of his profession,’ they said. Full report in Business Day Judgment