In a judgment issued this morning, Mpumalanga High Court Acting Judge LM Montsho-Moloisane has labelled one of Zietta Janse van Rensburg’s latest court applications ‘an abuse of the process of the court’.
Last week, Lowvelder reported on Acting Judge Kgama Shai’s March 11 dismissal of the most recent urgent application brought by the suspended Malalane attorney, notary and conveyancer and her legal representative, Adv Hennie van Rensburg. They applied to have sections of an affidavit forming part of the Legal Practice Council’s (LPC) case against her, struck out.
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The LPC has enrolled an April 14 application to have her struck from the roll of South African attorneys.
This morning, Montsho-Moloisane dismissed another urgent application brought on March 4. On that day, Janse van Rensburg requested the court to compel the LPC to disclose documents, files and information relating to their upcoming application.
In her judgment, Montsho-Moloisane found that Janse van Rensburg failed to prove the urgency of her application.
She also stated that Janse van Rensburg’s ‘application to compel discovery in terms of Rule 35(12), read with Section 32 of the Constitution, is premature and amounts to an abuse of the process of the court’.
This, the judge explained, was because the Rule 35(12) procedure they sought to use to obtain disclosure, does not apply to the type of case at hand, unless a court orders it so, which Montsho-Moloisane had not done.
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