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South Africa decisions
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Makgolo v South African Legal Practice Council (37542/2020) [2024] ZAGPPHC 831 (13 February 2024)
The High Court dismissed an attorney admission application, holding that the candidate attorney’s contract was void and that he was not fit and proper.
Mukwevho v Legal Practice Council (48650/2021) [2022] ZAGPPHC 962 (6 December 2022)
Application to admit an attorney dismissed after the court found material non-disclosure of disciplinary proceedings and held the applicant was not fit and proper.
Montshiwa; In re: John v Montshiwa (56/2019), Ex parte [2020] ZANWHC 54 (3 September 2020)
The High Court dismissed an attorney-admission application after finding material inconsistencies, incomplete disclosure, and concerns about fitness to practise.
Ex Parte: Mdyogolo (55/15) [2018] ZAECGHC 121; 2019 (4) SA 561 (ECG) (23 November 2018)
The court held that the applicant's dishonesty in his application for admission, specifically his false explanation for the robbery conviction, constituted a serious breach of the ethical standards required of attorneys. The lapse of time since the offence and the applicant's voluntary disclosure of convictions did not mitigate the gravity of his attempt to mislead the court and the Law Society. The recommendation of the Cape Law Society was disregarded as it was based on the applicant's deception. The fact that the applicant was not an attorney at the time of the offence was irrelevant, as t…
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Ndinga v Cape Law Society (4021/2016) [2017] ZAECMHC 55; [2018] 2 All SA 250 (ECM) (13 December 2017)
The court held that the Attorneys Act does not render a contract of articles of clerkship void solely because the principal lacked a fidelity fund certificate at the time of engagement. The Act provides for criminal and financial consequences for practising without such a certificate, but does not invalidate the status of an attorney or the validity of contracts entered into. The respondent's registration of the applicant's articles constituted administrative action with direct legal effect, which remains valid until set aside on review. The applicant's service under articles, even if irregul…
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Mphatswe v Law Society of the Free State (4835/2015) [2017] ZAFSHC 208 (20 September 2017)
The High Court refused an attorney-admission application by an applicant on parole, holding he had not shown genuine and permanent reformation.
Mdyesha (27320/2016), Ex parte [2016] ZAGPPHC 905; 2018 (4) SA 468 (GP) (4 August 2016)
The High Court held that an applicant may be admitted as an attorney despite completing practical legal training before articles of clerkship, because substantive compliance was sufficient.
Webbstock v Law society of the Northern Provinces (78556/2015) [2016] ZAGPPHC 545 (20 June 2016)
The court dismissed an attorney-admission condonation application, holding that the articles of clerkship were invalid because the applicant studied full time during the contract period.
Ex parte: Oosthuizen (32662/2014) [2014] ZAGPPHC 899 (30 October 2014)
Ex parte application for admission as an attorney was granted after the court found the applicant fit and proper despite objections by her former principal.
Janse Van Rensburg v Prokureursorde van die Vrystaat (3607/2013 , 4935/2013) [2014] ZAFSHC 52 (17 April 2014)
The court held that the applicant’s articles of clerkship were valid, finding substantial compliance with the Attorneys Act and granting admission subject to certification.
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