NGO pushes for disbarment of Kaamilah Paulse due to allegations of parental alienation

Attorney Kaamilah Paulse is facing mounting scrutiny following fresh allegations of professional misconduct, with a second father coming forward to accuse her of abuse of power during his custody battle.

Zamer Harneker, a businessman and father, says Paulse's conduct during his Islamic divorce proceedings crossed ethical lines and caused significant emotional harm, particularly in his relationship with his children. Paulse represented Harneker’s ex-wife during what he describes as a “needlessly adversarial” separation process.

“I never opposed the 50/50 asset split. I didn’t even fight the separation,” Harneker told The Star. 

“But somehow, I spent months without seeing my kids. My ex wasn't malicious. I have to wonder who was driving this.”

Harneker alleges that Paulse pushed the matter to the High Court unnecessarily, delaying resolution and driving up costs. More seriously, he claims Paulse obtained and used his confidential financial records without consent.

“She had my bank statements before we even got to court. No one asked me for them. She had my entire banking. I don’t know how it was legal for her to do that,” he said.

These allegations follow a March 2025 ruling by the Legal Practice Council (LPC) Appeals Tribunal in another case involving Johannesburg-based father Asif Casoojee. The Tribunal found prima facie evidence that Paulse had interfered with Casoojee’s access to his children and used improperly served legal documents to secure a protection order in his absence.

The ruling also highlighted Paulse’s alleged sharing of confidential information in private WhatsApp groups and the use of unlawfully obtained documents, similar to what Harneker now claims.

Civil society organisations, including the fathers’ rights group Right to Justice, have called for urgent disciplinary action. In a formal letter to the Western Cape Bar Council, the organisation urged the council to initiate a full investigation and consider striking Paulse from the roll of legal practitioners.

“The Tribunal’s findings are not just ethical red flags; they indicate a deeper crisis in the way the legal system is being used—sometimes abused—in family court disputes,” said Siphesihle Jele, the group’s chairperson. “This is not about one lawyer, it’s about systemic injustice.”

South Africa’s Legal Services Ombud, retired Judge Siraj Desai, has confirmed his office is monitoring the matter closely. “We receive many complaints about attorneys in family matters, often involving undue influence or procedural irregularities. It is a sensitive area that must be properly investigated,” Desai said.

The LPC Appeals Tribunal found that Paulse's actions amounted to “parental alienation,” a growing concern in family law where one parent is deliberately excluded from a child’s life. “This is a form of psychological harm,” noted Tribunal Chair Advocate Sonja Lötter, adding that Paulse’s lack of response to the allegations was “not an answer.”

The landmark ruling has reignited debate over gender bias in South Africa’s family courts, with critics saying the system disproportionately favours mothers, despite legal reforms aimed at balancing parental rights.

“There’s an assumption that mothers are always the primary caregivers, but that’s not what the law says,” said family law expert Advocate Lesedi Mokoena. “Legal practitioners must safeguard the child’s best interests – not just the client’s wishes.”

Herold Gie Attorneys, where Paulse is a senior attorney, has stated it “strongly disagrees” with the Tribunal’s decision and confirmed that Paulse intends to challenge the allegations. The firm also attempted to block media publication of the story, citing the ongoing legal process.

“We point out that the statement contained in your WhatsApp message is unsubstantiated, vague and lays no factual basis for the allegations made. Mr Harneker was, in fact, represented by an attorney during the course of his divorce proceedings, which were finalised in March 2024. We record that Ms Paulse denies the allegations made by Mr Harneker, as stated by you,” Herold Gie Attorneys said.

The matter will now return to the LPC’s Disciplinary Committee, with potential implications for both Paulse’s career and the broader legal profession. For fathers like Harneker and Casoojee, however, the stakes are personal.

“I’m speaking out because I don’t want other fathers to go through this,” Harneker said. “This is not just about me. It’s about our children, and fairness.”

As the legal battle intensifies, more voices are expected to join the call for accountability, both inside and outside the courtroom.