| (c) |
is struck off the Roll or suspended from practice; |
| (d) |
is declared by a competent court to be incapable of managing his or her own affairs; or |
| (e) |
abandons his or her practice or ceases to practise, |
the High Court may, on application made by the Council, Board or by any person having an interest in the trust account of that legal practitioner or trust account practice, appoint a curator bonis to control and administer that account, with any rights, powers and functions as the court may deem fit.
| (2) |
Where the legal practitioner contemplated in subsection (1) is an attorney and was practising in partnership or as a member of a company with another attorney or attorneys, the court must allow the trust account to remain under the control of the remaining partners or members, unless there is good reason not to do so. |
| (3) |
If a trust account practice is sequestrated, liquidated or placed under business rescue procedures, whether provisionally or finally, the court may, on application made by the Council, Board or by any person having an interest in the trust account of that practice, appoint a curator bonis to control and administer that account, with any rights, powers and functions as the court may deem fit. |
| (4) |
The court may only grant an application provided for in subsection (1) or (2), on good cause shown by the Council, Board or any other person concerned, and after having given the trust account practice an opportunity to respond in writing to the application. |
| (5) |
Nothing in this section or section 89 may be construed as preventing any attorney who was practising in partnership with a legal practitioner referred to in subsection (1) who is an attorney, from operating on the trust account of the partnership. |
Mandating Procedures of Provinces Act, 2008
