The Legal Practice Council has confirmed that it is probing the fact that the lawyer in the R60 billion foreclosure class action lawsuit against the country’s major banks, Douglas Shaw did not have a valid certificate.
Image: Timothy Bernard / Independent Newspapers
THE Legal Practice Council (LPC) has set its sights firmly on Douglas Shaw, the lawyer in the R60 billion foreclosure class action lawsuit against the country’s major banks who appeared in court to argue the matter while not having a Fidelity Fund Certificate (FFC).
The certificate is a mandatory annual license for legal practitioners (attorneys, certain advocates) and property practitioners in South Africa, confirming they are authorised to operate a trust account and handle client funds.
"The LPC is aware of the appearance of Mr Shaw without being in possession of a valid FFC. We take this very seriously and will speedily investigate the matter and render a report to court. Practicing without a FFC is a criminal offence," Ignatius Briel, Gauteng Provincial Director of the LPC said.
Gauteng High Court, Johannesburg Judge Leonie Windell had barred Shaw from the case before requesting the LPC to conduct an investigation into the matter and to report back to her before the proceedings resume on March 26 on interlocutory matters regarding the case.
The issue surrounding Shaw’s certificate came to light after counsel for one of the banks said they had received an anonymous tip-off that Shaw was appearing without having a certificate issued to him for 2026.
Despite attempts by Shaw to sort it out with the LPC, he still does not have the required document.
Despite the numerous challenges Shaw faced this week in court, especially being barred from presenting the case himself, the applicants said their belief in him is now even stronger.
Lungelo Lethu Human Rights Foundation, which was set up to protect homeowners who face eviction, initiated this case more than eight years ago.
Its president, Nkululeko Xhelithole, said they were supporting Shaw all the way. “We will not stop supporting him. He is one of the few lawyers who was willing to help us. Scores of people have been affected by evictions”. Xhelithole said it must be made clear that they will never allow the banks to derail their case.
Shabeer Khan, who also lost his home allegedly at the hands of the banks, in a message to his fellow applicants made it clear that this journey is not over.
“We have demonstrated resilience and strength under pressure”.
In the emotional message, Khan added: “When our counsel was put under pressure, something powerful happened: the people stood strong. The unity and presence of those supporting this action were felt in that courtroom. It was clear that this matter is bigger than individuals — it represents many families, many homes, and many voices seeking justice”.
Khan, a pensioner from Durban, said all he wants is justice for himself and the people.
“My house was repossessed in 2019 and the banks sold it for a song. My house was worth about a million and they sold it for R300, 000. They then sent me a letter saying that I owed them another R350 000. I feel that this has been a great injustice to me”.
According to Khan, all this led to him being blacklisted and unable to obtain a job. “I am so disappointed about what happened this week, but I know justice will be done”.
Khan said he still believed in Shaw.
“He worked hard for years. He has spent thousands of hours on our case. He's a good man”.
Cape Times