Kruger v Incorporated Law Society [1915] ZATPD 6 (8 March 1915)

Attorney.-Reinstatement.-Renewed application.-Lapse of time since last application.-Holding position of trust.

K was struck off the roll of attorneys in 1910 on a charge of having misappropriated
£23 collected by him on behalf of a client. In August, 1914, an application for reinstatement was refused on the ground that it was premature. The application was renewed six months later, and it was shown that during 16 months prior to the application K had occupied a position of trust; Held, that the question of reinstatement depended more ,on the length of time that K had been handling money and been in a position of trust than on the length of time that had elapsed since he had been off the roll.
Held, further, that an application for reinstatement ought not to be renewed within a period of six months after it had been refused. Per CURLEWIS, J. : The application should not be renewed for at least a year.