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South Africa Case Law

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Civil Procedure [2012] ZAWCHC 58

Cape Bar Council v Stemmet (9183/2010)

Cape Bar Council v Stemmet (9183/2010) [2012] ZAWCHC 58 (1 March 2012)

The High Court suspended an advocate for three years after finding misconduct involving direct client briefing, dishonesty, and undisclosed double briefing.

  • Fit And Proper Person
  • Professional Misconduct
  • Advocate Ethics
  • Disciplinary Proceedings
  • Referral Rule
  • Suspension Of Practitioner
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Civil Procedure [2007] ZASCA 16

Van der Berg v General Council of the Bar of South Africa (270/06)

Van der Berg v General Council of the Bar of South Africa (270/06) [2007] ZASCA 16; [2007] SCA 16 (RSA); [2007] 2 All SA 499 (SCA) (22 March 2007)

The Supreme Court of Appeal held that the appellant breached his professional duties as an advocate in several respects. He failed to disclose material facts that were relevant to the truth of evidence placed before the court, thereby allowing misleading evidence to be presented. He received fees other than through an attorney, which was a consequence of acting without proper instructions. The appellant associated himself with a mandate that was detrimental to the reputation of the profession and made false statements in executing that mandate, lending his professional standing to a fraudulen…

  • Professional Misconduct
  • Disciplinary Proceedings
  • Advocate Ethics
  • Fees And Remuneration
  • Misrepresentation
  • Conflict Of Interest
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Civil Procedure [2006] ZAFSHC 56

Vrystaatse Vereniging van Advokate v Meyer (2736/2006)

Vrystaatse Vereniging van Advokate v Meyer (2736/2006) [2006] ZAFSHC 56 (7 December 2006)

The court struck an advocate from the roll for repeatedly taking direct instructions, dealing directly with opponents, and misleading the court.

  • Professional Misconduct
  • Scrapping From Roll
  • Advocate Ethics
  • Costs Order
  • Professional-misconduct
  • Advocate-ethics
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.