Parks Tafa Returns To Law Practice
Tsaone Basimanebotlhe | Monday September 2, 2019 13:12
Justice Reuben Lekorwe on Friday ruled that Collins Newman & Co and its managing partner Parks Tafa are not guilty of any malpractice. He stated that Tafa maintained a passionate legal career built on an exceptional legal institution and empire in the form of Collins Newman & Co.
LSB complaint was that there was deficiencies or discordances, which came out on Collins Newman & Co auditors report. According to executive secretary of LSB, Tebogo Moipolai, Collins Newan & Co had not met the requirements of S.30 of the Legal Practitioners Act (LPA), amongst others to qualify to be issued with practicing certificates. “The decision of the third respondent (the secretary of the Fidelity Guarantee Fund) refusing to issue the first applicant (Tafa) with fidelity fund certificate is hereby reviewed and set aside.
The third respondent is hereby ordered to issue Tafa or Collins Newman & Co with Fidelity Fund certificate for the year ending 31 December 2019.
The sixth respondent (Registrar of the High Court) is hereby ordered, upon presentation of the Fidelity Fund certificate and payment of the prescribed fees, to issue practicing certificates to Tafa or Collins Newman & company and restore the applicant’s names to the register/roll in terms of section 32 (5) of the Legal Practitioners Act,” said Justice Reuben Lekorwe.
Furthermore, Lekorwe ruled that orders issued by Takura Charumbira in his capacity as the deputy registrar and master on July 4, 2019 and as confirmed on August 5, 2019 be set aside. “The Law Society of Botswana, the secretary of Law Society and the secretary of the Fidelity Guarantee Fund shall pay costs of this application and those associated with curatorship proceedings jointly and severally, the one paying the others to be absolved,” added Justice Lekorwe.
The judge also said there was sufficient material on record to show that the applicants meet the requirements for issuance of both Fidelity Fund certificates and practicing certificates.
He said for avoidance of doubt, the effect renders the process before Charumbira in his capacity and his orders issued on July 4, 2019 unimportant or null.