South Africa Case Law

South African Legal Practice Council v De La Hunt and Another (35120/2022; 35119/2022)

South African Legal Practice Council v De La Hunt and Another (35120/2022; 35119/2022) [2025] ZAGPPHC 203 (5 March 2025)

Court

North Gauteng High Court, Pretoria

Case number

35120/2022; 35119/2022

Judges

Janse Van Nieuwenhuizen, Kekana

The High Court uplifted the suspension of two attorneys after misconduct over fidelity fund certificates and auditor reports, but barred them from practice on own account.

• Attorney Misconduct
• Fidelity Fund Certificate
• Failure To Submit Auditors Reports
• Unprofessional Conduct
• Fit And Proper Person
• Sanction For Professional Misconduct

Member of the Executive Council: Department of Human Settlements, Free State v SXB Civil & Property Developers CC (2622/2023)

Member of the Executive Council: Department of Human Settlements, Free State v SXB Civil & Property Developers CC (2622/2023) [2025] ZAFSHC 36 (28 January 2025)

Court

Free State High Court, Bloemfontein

Case number

2622/2023

Judge

Opperman

The High Court dismissed the MEC’s leave-to-appeal application, finding repeated procedural non-compliance and no reasonable prospect of success.

• Leave To Appeal
• Rescission Of Judgment
• Default Judgment
• Attorney Misconduct
• Contractual Claims
• Punitive Costs

Maboyane v Basson (20780/2021)

Maboyane v Basson (20780/2021) [2024] ZAGPPHC 625 (20 June 2024)

Court

North Gauteng High Court, Pretoria

Case number

20780/2021

Judge

N Davis

High Court upheld a special plea of extinctive prescription in a malpractice claim by a former client against his attorney over a lapsed RAF claim.

• Extinctive Prescription
• Professional Negligence
• Road Accident Fund
• Attorney Misconduct
• Extinctive-prescription
• Professional-negligence

Ngcebetsha and Another v Legal Practice Council of South Africa (58530/2019)

Ngcebetsha and Another v Legal Practice Council of South Africa (58530/2019) [2023] ZAGPPHC 1164 (4 September 2023)

Court

North Gauteng High Court, Pretoria

Case number

58530/2019

Judge

Sardiwalla

The High Court dismissed an application to reopen a matter for new evidence, finding no adequate explanation for not leading it earlier and no basis for admission.

• Reopening Of Case
• Admissibility Of New Evidence
• Striking Off Roll
• Attorney Misconduct
• New-evidence
• Reopening-of-case

N.C.S v Nompozolo and Gabelana Incorporated and Others (EL 785/09)

N.C.S v Nompozolo and Gabelana Incorporated and Others (EL 785/09) [2023] ZAECELLC 7 (25 April 2023)

Court

Eastern Cape High Court, East London Local Court

Case number

EL 785/09

Judge

T.V Norman

The court found that the lack of locus standi by Ms S[...] could not be retrospectively ratified by the curator ad litem, as actions instituted without proper authority are void ab initio and cannot be validated. The curator's powers did not extend to conferring standing where none existed, nor did the order of Dolamo J operate retrospectively to cure the defect. The plaintiff's attorney, Mr Niehaus, was aware of the lack of standing from at least 19 September 2016, yet continued the litigation until its withdrawal in March 2023, despite advice from the curator ad litem to withdraw. The attor…

Source excerpt

• Locus Standi
• Curator Ad Litem
• Withdrawal Of Action
• Costs De Bonis Propriis
• Ratification
• Attorney Misconduct

Letsi v Mepha and Another (42/2021)

Letsi v Mepha and Another (42/2021) [2022] ZAFSHC 122 (13 May 2022)

Court

Free State High Court, Bloemfontein

Case number

42/2021

Judge

Opperman

The court granted a de bonis propriis costs order against the applicant’s former attorney for reckless, dishonest conduct that caused repeated delays and prejudice.

• Costs De Bonis Propriis
• Attorney Misconduct
• Withdrawal Of Application
• Unethical Conduct
• Court Roll Management
• Costs-de-bonis-propriis

Kgoro Consortium (Pty) Ltd and Another v Cedar Park Properties 39 (Pty) Ltd and Others (935/2020)

Kgoro Consortium (Pty) Ltd and Another v Cedar Park Properties 39 (Pty) Ltd and Others (935/2020) [2022] ZASCA 65 (9 May 2022)

Court

Supreme Court of Appeal

Case number

935/2020

Judges

Van der Merwe JA, Plasket JA, Mbatha JA, Carelse JA, Matojane AJA

The Supreme Court of Appeal held that the appellants failed to establish a reasonable prospect of rescuing Cedar Park Properties 39 (Pty) Ltd as required by s 131(4)(a) of the Companies Act. The evidence did not show how the development would be financed or that business rescue would yield a better return for creditors than liquidation. The application relied on a lapsed sale agreement and vague indications of interest, which did not meet the statutory threshold. Consequently, the appeal to place Cedar Park under business rescue was dismissed. Regarding the costs order against Smit Sewgoolam…

Source excerpt

• Business Rescue
• Reasonable Prospect
• Costs De Bonis Propriis
• Locus Standi
• Companies Act Section 131
• Attorney Misconduct

South African Legal Practice Council v Moleko (66719/2020)

South African Legal Practice Council v Moleko (66719/2020) [2022] ZAGPPHC 129 (16 February 2022)

Court

North Gauteng High Court, Pretoria

Case number

66719/2020

Judges

T.T Thupaatlase, M. Munzhelele

The court found that the respondent had repeatedly breached the Legal Practice Act and the Code of Conduct by practising without a fidelity fund certificate, failing to submit auditor's reports, neglecting to pay membership fees, and disregarding disciplinary proceedings. While some lapses were attributed to incompetence and inattention rather than dishonesty, the cumulative effect of these breaches rendered the respondent guilty of unprofessional conduct. However, the court concluded that the respondent remains fit to practise as an attorney, but that a reprimand would be insufficient given…

Source excerpt

• Attorney Misconduct
• Fit And Proper Person
• Fidelity Fund Certificate
• Auditor Report Noncompliance
• Disciplinary Sanction

Maclean v Lentz and Others (2647/2020)

Maclean v Lentz and Others (2647/2020) [2021] ZAECGHC 104 (25 November 2021)

Court

Eastern Cape High Court, Grahamstown

Case number

2647/2020

Judge

M.J. Lowe

The court found that the applicant withdrew the application with the consent of the parties and did not tender costs. The respondents were entitled to their costs. The applicant's attempt to shift liability for costs to her former attorneys was not supported by the evidence. The termination of the attorneys' mandate did not equate to an instruction to withdraw the application, and the applicant was aware of the ongoing proceedings. While Mageza Mokoena Raffee Inc. failed to file a notice of withdrawal timeously, their conduct did not amount to gross negligence or exceptional circumstances war…

Source excerpt

• Withdrawal Of Application
• Costs De Bonis Propriis
• Attorney Misconduct
• Wasted Costs
• Notice Of Withdrawal

Legal Practice Council v Stanley (2756/2021)

Legal Practice Council v Stanley (2756/2021) [2021] ZAFSHC 228 (7 October 2021)

Court

Free State High Court, Bloemfontein

Case number

2756/2021

Judges

Mathebula, Molitsoane

The High Court suspended an attorney for failing to submit audit reports, maintain a valid Fidelity Fund Certificate, and comply with membership requirements.

• Attorney Misconduct
• Audit Report Noncompliance
• Fidelity Fund Certificate
• Professional Ethics
• Attorney-discipline
• Audit-report-noncompliance