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South Africa decisions
Decisions matching the current search
Radebe v Legal Practice Council (2252/2022) [2024] ZAFSHC 36 (13 February 2024)
The High Court dismissed an attorney’s rescission application, finding no good cause, no condonation for lateness, and no bona fide defence.
South African Legal Practice Council v Masingi (2023/077988) [2023] ZAGPPHC 1158 (13 September 2023)
The High Court struck an attorney from the roll after finding misappropriation of trust funds, failure to cooperate with the LPC, and practice without a valid Fidelity Fund Certificate.
South African Legal Practice Council v Archary and Another [2023] ZAGPPHC 315; 23101/2021 (2 May 2023)
The court referred a striking-off application against an attorney to oral evidence, keeping her suspended while it resolves disputes over trust payments, duties, and alleged contempt.
Legal Practice Counsel of South Africa v Mashaba and Another [2023] ZAGPPHC 157; 88175/2018 (27 February 2023)
The court found that the applicant proved, on a balance of probabilities, that the first respondent mismanaged and abused his trust account, breached multiple professional rules, and failed to provide credible explanations for serious discrepancies in trust account records and bank statements. The respondent's conduct, including dishonesty, lack of accountability, and persistent client complaints, demonstrated that he is not a fit and proper person to practise as an attorney. The degree of misconduct, especially the falsification of bank statements and misappropriation of trust funds, warrant…
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South African Legal Practice Council v Kokoloane Cyril Pitjeng (422/2021) [2022] ZAGPPHC 973 (6 December 2022)
The High Court struck an attorney from the roll for persistent non-compliance with statutory duties, including fidelity fund, auditor reports, and fees.
South African Legal Practice Council v Baloyi (32033/20) [2021] ZAGPPHC 697 (22 October 2021)
The High Court held that an application to strike an attorney off the roll was premature because the Legal Practice Council had not complied with the interim suspension order.
Melato v South African Legal Practice Council (3380/2020) [2021] ZAFSHC 364 (18 February 2021)
The High Court dismissed a review challenging the Legal Practice Council’s decision to launch suspension or striking-off proceedings against an attorney.
South African Legal Practice Council v Louw (58534/2019) [2020] ZAGPPHC 708 (17 November 2020)
The court struck an attorney from the roll after finding repeated failures to submit audit reports, unlawful practice without a fidelity fund certificate, and misappropriation of trust funds.
Legal Practice Council v Motlhabani (UM 148/2018) [2020] ZANWHC 76 (7 May 2020)
The High Court removed an attorney from the roll after finding serious misconduct involving trust deficits, failure to account, and overcharging.
Legal Practice Council v Morobadi (15293/2016) [2019] ZAGPPHC 1028 (12 December 2019)
The court found that the respondent engaged in serious professional misconduct, including dishonesty, fraud, collusion with a government official, plagiarism, and misappropriation of trust funds. The respondent's actions breached the Contingency Fees Act and the fundamental duties of attorneys regarding trust monies. The respondent failed to participate meaningfully in the disciplinary process and attempted to delay proceedings. The court held that the disciplinary proceedings were valid despite administrative changes and delays, which were largely attributable to the respondent. Given the gr…
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