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The Star
4 days ago
- Politics
- The Star
ATM urges calm and child-centred approach amid allegations involving Kaamilah Paulse
The African Transformation Movement (ATM) has called for calm and responsibility in the wake of public allegations against prominent Cape Town attorney Kaamilah Paulse, stressing the need to prioritise the rights and well-being of children entangled in ongoing legal disputes. In a media statement released Tuesday, ATM President Vuyo Zungula said the party was deeply concerned about the emotional and psychological toll the matter may have on the children involved. 'At the heart of this issue are the lives and well-being of children,' Zungula said. 'It is essential that all public discourse and legal processes keep their best interests as the top priority.' The statement comes amid mounting controversy following a ruling by the Legal Practice Council (LPC) Appeals Tribunal, which found prima facie evidence of professional misconduct by Paulse. She stands accused of using legal tactics to alienate a Johannesburg father, Asif Casoojee, from his children. Paulse is currently a senior attorney at Herold Gie Attorneys. Casoojee complained about being denied access to his children over a four-year legal battle with his ex-wife, whom Paulse represents. The Tribunal ruled in March that Paulse had improperly obtained a protection order without ensuring due process and had actively contributed to restricting Casoojee's access to his children, including their school and medical records. The Tribunal labelled her actions as 'parental alienation' and criticised her for failing to adequately respond to serious allegations, including her involvement in a WhatsApp group where confidential financial information about Casoojee was shared. ATM has urged the Legal Practice Council to continue holding legal professionals to the highest standards. 'Our justice system depends on ethical conduct and public trust,' said Zungula. 'The LPC must act with integrity and transparency, especially when the lives of children are impacted.' Retired judge and Legal Services Ombud Siraj Desai also weighed in, saying he would be monitoring the proceedings closely. 'This is a sensitive matter involving allegations of undue influence in family litigation,' Desai said. 'Such complaints are unfortunately common, and we will ensure that this one is handled thoroughly and fairly.' In a response submitted to The Star , Herold Gie Attorneys defended Paulse, saying they 'strongly disagree' with the Tribunal's findings and confirmed she intends to challenge the allegations at the Disciplinary Committee. 'No final determination has been made,' the firm stated. In her own brief comment, Paulse said, 'I have served with integrity for over a decade and stand by my conduct. I trust the process and will fully cooperate.' Meanwhile, fathers' rights groups have rallied behind Casoojee, calling for reform in the family law system and decrying what they say is a systemic bias against paternal rights. ATM concluded its statement with a broader appeal to society: 'Let us not forget that at the centre of this story are children. Their rights, safety, and emotional well-being must be the guiding principle in how we respond as a nation.' The matter is now before the LPC's Disciplinary Committee, and may yet return to the High Court — where the future of one father's relationship with his children, and the ethical standing of a legal professional, hangs in the balance.
IOL News
4 days ago
- Politics
- IOL News
ATM urges calm and child-centred approach amid allegations involving Kaamilah Paulse
The African Transformation Movement (ATM) has called for calm and responsibility in the wake of public allegations against prominent Cape Town attorney Kaamilah Paulse, stressing the need to prioritise the rights and well-being of children entangled in ongoing legal disputes. In a media statement released Tuesday, ATM President Vuyo Zungula said the party was deeply concerned about the emotional and psychological toll the matter may have on the children involved. 'At the heart of this issue are the lives and well-being of children,' Zungula said. 'It is essential that all public discourse and legal processes keep their best interests as the top priority.' The statement comes amid mounting controversy following a ruling by the Legal Practice Council (LPC) Appeals Tribunal, which found prima facie evidence of professional misconduct by Paulse. She stands accused of using legal tactics to alienate a Johannesburg father, Asif Casoojee, from his children. Paulse is currently a senior attorney at Herold Gie Attorneys. Casoojee complained about being denied access to his children over a four-year legal battle with his ex-wife, whom Paulse represents. The Tribunal ruled in March that Paulse had improperly obtained a protection order without ensuring due process and had actively contributed to restricting Casoojee's access to his children, including their school and medical records. The Tribunal labelled her actions as 'parental alienation' and criticised her for failing to adequately respond to serious allegations, including her involvement in a WhatsApp group where confidential financial information about Casoojee was shared. ATM has urged the Legal Practice Council to continue holding legal professionals to the highest standards. 'Our justice system depends on ethical conduct and public trust,' said Zungula.
IOL News
19-05-2025
- Politics
- IOL News
Judge Siraj Desai to monitor legal proceedings in high-profile LPC case against attorney Kaamilah Paulse
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. Video Player is loading. 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Advertisement Next Stay Close ✕ 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.
The Star
17-05-2025
- The Star
LPC tribunal finds ‘prima facie evidence' against attorney Kaamilah Paulse
In a significant ruling, the Appeals Tribunal of the Legal Practice Council (LPC) has upheld a misconduct complaint brought by Johannesburg-based father, Asif Casoojee, against attorney Kaamilah Paulse of Herold Gie Attorneys. Casoojee has been locked in a four-year legal battle with his former spouse over access to their two children. Paulse represents his spouse. Casoojee reported Paulse to the LPC, accusing her of dishonesty, unethical and dishonest conduct, including orchestrating parental alienation, misusing the Protection from Harassment Act, and unlawfully interfering in his private and professional affairs. The case not only raises serious questions about the conduct of legal professionals in family law matters but also highlights the ongoing challenges faced by fathers in the South African legal system when fighting for contact with their children. In its findings delivered on 13 March 2025, the Appeals Tribunal found that Casoojee had presented prima facie evidence of misconduct on both counts raised in his appeal. Casoojee 's first charge related to a final protection order obtained by Paulse against him in her capacity. According to the Tribunal's report, the order was granted in his absence, allegedly due to defective service of the interim order, which had neither been delivered by SAPS as required nor included a return date. The second charge was more serious: a conflict of interest and interference in the parental relationship between Casoojee and his children. The tribunal said it found prima facie proof of Paulse's involvement in restricting Casoogee's access to his children's school, records, and communication, stating that her actions amounted to 'parental alienation'. The tribunal also flagged her alleged use of unlawfully obtained financial records and her participation in a private WhatsApp group discussing confidential details of Casoojee's company. The Appeals Tribunal, chaired by Advocate Sonja Lötter, was critical of Paulse's failure to address key concerns. ''This is not an answer to the evidence that the complainant has presented,' the tribunal said, adding that the children's best interests were not prioritised in any of the extensive litigation between the parties since 2021. The LPC reaffirmed the duty of attorneys to uphold the constitutional principle of the best interests of the child, as enshrined in the Children's Act 38 of 2005. 'Attorneys should not approach each case as if it were a war between litigants,' the tribunal stated, citing Judge Peter Mabuse, who warned that court rules must not be used 'as weapons in a battle to annihilate the opposing party'. The case underscores broader systemic issues. Although South African law grants both parents equal rights and responsibilities, many fathers report feeling marginalised in the family law system. 'There is often an unspoken bias that assumes the mother is always the better caregiver,' says family law expert Adv Lesedi Mokoena. 'But that is not the law, and it's not always what's in the best interests of the child.' Casoojee , who is currently applying to the High Court to compel Paulse's removal from the case due to a conflict of interest, asserts that his fight is about more than personal justice. '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 wrote to The Star , demanding that the paper not publish the story. In the letter, the law firm said: '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. 'Ms Paulse will, when the matter is heard by the Disciplinary Committee, be challenging the complaint,' the letter reads. The matter is now expected to head back to the High Court, where the future of his relationship with his children may finally be resolved.
