Struck from the Roll: Limpopo Attorney Disbarred for Forging Court Order and Falsifying Job Application

In a ruling that underscores the non-negotiable demand for honesty in the legal profession, the Limpopo High Court in Polokwane has ordered the removal of attorney Nkoma Eric Moeng from the roll of legal practitioners. The court found him guilty of conduct showing “a complete lack of honesty and integrity,” centred on two serious offences: forging a court order and submitting a falsified letter to secure a job with Legal Aid South Africa.

The application was brought by the Limpopo Provincial South African Legal Practice Council (LPC), the regulatory body tasked with protecting the public from malpractice. The court’s decision affirms that forgery and deceit by an officer of the court warrant the profession’s ultimate sanction.

The Forged Court Order: A Confrontation in Praktiseer

The first complaint stemmed from a 2019 incident at the Praktiseer Magistrate’s Court. After a magistrate dismissed an ex parte application (brought by one side only), Moeng allegedly shouted at the presiding officer. More egregiously, despite the dismissal, he proceeded to issue documents falsely reflecting that a provisional court order (rule nisi) had been granted and instructed the sheriff to serve this forged order on the opposing parties.

A disciplinary committee of the LPC later found him guilty of misconduct for falsifying court processes. Moeng opposed the striking-off application, claiming the magistrate had in fact granted an interim order and was acting out of spite. The High Court dismissed these arguments, noting he had failed to appeal the disciplinary finding within the stipulated 30 days. “The respondent cannot rely on his own inaction,” the court held.

The Falsified Job Application: A Doctored Letter of Good Standing

The second act of dishonesty emerged in 2024 when Moeng applied for a position at Legal Aid South Africa. As part of his application, he submitted a letter of good standing from the LPC. When Legal Aid sought verification, the LPC discovered the document was a fakeit bore outdated office-bearer details and an old address.

Moeng denied forging the letter and complained he was not given a chance to respond. The court, however, found that on the balance of probabilities, he had indeed submitted a fraudulent document.

A “Scourge” That Undermines Justice

In its judgment, the court left no room for ambiguity about the gravity of such acts. “Falsifying of court orders is a scourge,” it stated. “Legal practitioners who are guilty of such conduct are not fit and proper to practise. The courts and the public are entitled to rely on the scrupulous honesty and personal integrity of legal practitioners.”

The court emphasised that where dishonesty is proven, removal from the rollnot mere suspensionis the appropriate penalty, barring exceptional circumstances. None were present in Moeng’s case.

The Fallout: Curators, Costs, and Consequences

The consequences are severe and practical. The court appointed a curator to take control of Moeng’s firm’s trust accounts, wind up his practice, and protect his clients’ interests. He was ordered to hand over all accounting records and client files and to surrender his certificate of enrolment as an attorney.

Additionally, he must pay the legal costs of the application on a punitive attorney-and-client scale.

The ruling is a stark reminder: the privilege of practising law is built on a foundation of trust. For Nkoma Eric Moeng, that foundation has been irrevocably shattered by his own hand.

{Source: IOL}

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