Upholding Justice: The Legal Practitioner’s Duty to the Court Amidst Unethical Conveyancing Practices

Duty to the Court

First and foremost, a lawyer has an obligation to the court. Practitioners are required by this responsibility to abstain from any litigation strategy that might mislead the court, whether on the basis of facts or the law. Mzayiya v. Road Accident Fund emphasized how important it is for lawyers to avoid suppressing evidence or, worse, committing suborn perjury. Such behaviour seriously compromises the credibility of the legal profession and amounts to a direct assault on the administration of justice.

Scope of the Duty

The obligation to the court extends beyond behaviour in the courtroom. It permeates all facets of the profession of law, even seemingly mundane duties like administering oaths. In order for the court to have complete faith in the truthfulness of statements made under oath, legal professionals must make sure that even these administrative tasks are carried out with the highest integrity.

Unethical Conveyancing Practices

The Legal Practice Council (LPC) and the Property Practitioners Regulatory Authority (PPRA) recently released a joint communication on June 2, 2025, which emphasized the significance of these principles. The assignment of professional work to conveyancers in exchange for kickbacks, whether monetary or in the form of other incentives, has been the subject of multiple complaints to the LPC and PPRA. This behaviour is specifically forbidden and clearly violates the relevant Codes of Conduct.

Such behaviour immediately violates the obligation due to the court as outlined in Mzayiya v. Road Accident Fund and compromises the integrity of the legal profession. Engaging in these unethical practices undermines the public’s trust in the legal and property professions and jeopardizes the administration of justice. Every facet of practice is impacted by the responsibility to the court, which mandates that practitioners refrain from engaging in or profiting from any arrangement that would damage the reputation of the profession or undermine public confidence in the administration of justice.

Conclusion

A pillar of the South African legal system is the lawyer’s obligation to the court, as the Mzayiya v. Road Accident Fund case confirms. This duty is still relevant today, as evidenced by recent warnings about unethical conveyancing practices from the PPRA and LPC. This should not only serve as a warning to property practitioners and conveyancers, but to the legal fraternity at large. Respecting these guidelines guarantees the fair administration of justice, the preservation of the profession’s integrity, and the public’s trust in the legal system. Lawyers need to constantly remind themselves that the court and the larger interests of justice are their ultimate loyalty.

The content does not constitute legal advice, are not intended to be a substitute for legal advice and should not be relied upon as such. Kindly contact us on info@cklaw.co.za or 021 556 9864 to speak to one of our attorneys.