CASE NO.

: A 298/2010

IN THE HIGH COURT OF NAMIBIA

In the Ex-parte application of

ILANA AGNES ORREN APPLICANT

CORAM: Botes, AJ.

HEARD ON: 26 November 2010

DELIVERED ON: 3 December 2010

JUDGMENT

BOTES, AJ.:

[1] The applicant in this application seeks her admission as a legal practitioner of
this Court. The application is not formally opposed, but the Director of the Law
Society of Namibia, having been so directed by the Council of the Law Society of
Namibia, filed an affidavit in which she attested to certain facts surrounding an
incident which resulted therein that applicant was convicted of a contravention of the
Arms and Ammunition Act, Act No. 7 of 1996, and more specifically the offence of
the unlawful possession of a firearm.

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[2] Applicant, in her affidavit already in detail referred to the said incident, and also
annexed to her application, inter alia all the affidavits that formed part of the police
docket when the incident was investigated. The applicant, in my view, therefore
made full disclosure of the relevant facts in an effort to convince this Court that she
indeed is a fit and proper person to be admitted to practice as a legal practitioner of
the High Court of Namibia.

[3] The applicant, in all respects, is qualified to be admitted and as such hold the
necessary formal qualifications as required in law.

[4] It has been repeatedly stated that a criminal conviction does not ipso facto
disqualify a person from admission. The sole question the court has to decide, is
whether the facts which have been put before the court show that the applicant is of
such a character that she is not worthy to be in the ranks of an honourable
profession.1

[5] In the exercise of its discretion, the court decided to hear further oral evidence in
the application. In this process Ms Steinman, the Director of the Law Society of
Namibia, Mr Chris Brandt, the previous principal of the applicant and sergeant
Carmelita Sylvester, testified.

[6] In her statement, as well as during her testimony, Ms Steinman indicated that the
Law Society of Namibia filed a formal complaint against the applicant with the
disciplinary committee of the Law Society of Namibia in respect of the incident
concerned. This already, according to the evidence, had been done in writing on the
8th of June 2010, but to date hereof has not been finalised. The main reason for this
delay according to Ms Steinman was that the period of office of the disciplinary
committee lapsed and that it took some time for the Minister to appoint the new
members of the disciplinary committee. This problem however has been resolved.
According to Ms Steinman, the complaint against the applicant therefore can be
resolved within the next 3(three) months.

[7] In Ex-parte Mpondo, O’Hagan J, stated that: “It seems to me in this case that the
court is in the hands of the Law Society. ..... As the Law Society can see no reason

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Ex-parte Moseneke 1997 (4) SA 884 (T)
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either to institute an inquiry into the conduct of the applicant or to consider
proceedings for the cancellation of his articles or to oppose this application, it is not
for the court to take the matter any further. In my opinion the court must be guided
by the view of the Law Society.”

[8] In this matter the Law Society has decided to take the matter further and to lay a
complaint with the disciplinary committee of the Law Society. This inquiry is still
pending and has not been finalised yet. The applicant however is also entitled to get
closure on this chapter in her life as soon as possible and to know whether she will
be allowed to fulfil her dream and to practice as a legal practitioner of this court.

[9] In all the circumstances and for the reasons referred to hereinbefore, I am of the
opinion that it is in the best interest of all parties if the following order is made:

1. The application for admission is postponed to the 1st April 2011.

2. The disciplinary committee of the Law Society of Namibia is directed to finalise

the disciplinary proceedings, if any, in respect of the complaint laid by the Law
Society against the applicant on or before the 19th of March 2011 and to
immediately thereafter forward to the registrar of this Court a copy of the record
of the disciplinary proceedings so held, as well as the sanction imposed on
applicant, if any.

3. The order of this Court is to be served on the Secretary of the Disciplinary

Committee of the Law Society of Namibia, as well as the Director of the Law
Society of Namibia by the deputy sheriff for the district of Windhoek.

_______________

BOTES, AJ

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APPEARANCE FOR THE PARTIES:

COUNSEL ON BEHALF OF THE APPLICANT MR G H Oosthuizen

INSTRUCTED BY: Sauls Metcalfe Legal Practitioners

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