Judge Siraj Desai to monitor legal proceedings in high-profile LPC case against attorney Kaamilah Paulse

IOL News

19-05-2025

Attorney Kaamilah Paulse of Herold Gie Attorneys.
Image: Supplied
Respected Ombudsman and retired judge Siraj Desai has confirmed that he will be closely monitoring the disciplinary proceedings involving Cape Town attorney Kaamilah Paulse, who faces serious allegations of professional misconduct.
Desai currently serves as South Africa's Legal Services Ombud, a position he has held since December 2020.
Desai's comments follow a landmark ruling by the Appeals Tribunal of the Legal Practice Council (LPC), which found prima facie evidence of misconduct after a complaint by Johannesburg-based father Asif Casoojee. 'This matter came to our offices after the complainant was turned down by the LPC. He followed the appeal process. I'm pleased to hear that the appeal process is functioning optimally,' said Judge Desai.
'We receive many complaints about attorneys in matrimonial cases, complaints about irregularity or undue influence. We will follow the matter with great interest. It is a sensitive matter. Because of the nature of the complaint, the matter must be fully and properly investigated in the fora of the LPC.'
Casoojee has been entangled in a four-year legal battle with his former spouse over access to their two children. Paulse, a senior attorney at Herold Gie Attorneys, represents Cassojee's ex-wife. Casoojee's complaint includes allegations of unethical conduct, dishonest legal tactics, and interference in both his personal and professional life.
In its ruling dated 13 March 2025, the LPC Appeals Tribunal upheld Casoojee's appeal on two key charges.
The first charge pertains to a protection order obtained by Paulse. The Tribunal found that the interim order, which preceded the final protection order, had not been properly served—SAPS reportedly failed to deliver it, and no return date was issued.
The final order was granted in Casoojee's absence, raising questions about due process. The second and more serious charge involves Paulse's alleged interference in Casoojee's relationship with his children. The Tribunal found that Paulse had played a role in restricting his access to their school records, communication, and general contact.
It ruled that her actions amounted to 'parental alienation.' Additional concerns included her alleged use of unlawfully obtained financial documents and participation in a private WhatsApp group that shared confidential information about Casoojee's business. Tribunal Chair Advocate Sonja Lötter criticised Paulse for failing to address these allegations.
'This is not an answer to the evidence that the complainant has presented,' the Tribunal said. It also noted that since 2021, during protracted legal proceedings, the best interests of the children were not prioritised.
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The LPC reaffirmed the duty of all attorneys to uphold the constitutional principle of the child's best interests, as outlined in the Children's Act 38 of 2005. The Tribunal cited Judge Peter Mabuse, who has warned that legal tools should not be used 'as weapons in a battle to annihilate the opposing party.'
The ruling has triggered renewed scrutiny of South Africa's family law system. Although the law theoretically grants both parents equal rights, many fathers argue that the system operates with an unconscious bias.
'There is often an unspoken bias that assumes the mother is always the better caregiver,' said family law expert Advocate Lesedi Mokoena. 'But that is not the law, and it's not always in the best interests of the child.'
Casoojee, who is now applying to the High Court to have Paulse removed from the custody case due to a conflict of interest, insists his efforts are not just about his rights. 'This case is about setting a precedent. Our children deserve better than to be used as pawns in legal warfare.'
On Thursday, Herold Gie Attorneys issued a letter to The Star, urging the paper not to publish the story. 'We strongly disagree with the decision of the LPC Appeals Tribunal to refer the matter back to the Disciplinary Committee.
''While the decision has been made, it should be noted that no final finding has been made regarding Ms Paulse,' the letter stated.
The firm confirmed Paulse intends to challenge the allegations.
The matter now proceeds to the LPC's Disciplinary Committee and may return to the High Court, where the future of Casoojee's relationship with his children could finally be resolved — under close watch from the Ombudsman himself.
The misconduct case against Paulse is gaining national traction, as several fathers' rights groups and civil society organisations prepare to back Casoojee in his long legal battle.