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South Africa decisions
Decisions matching the current search
Itanex CC v Legal Practitioners' Fidelity Fund (Leave to Appeal) (15043/2020) [2025] ZAWCHC 109 (17 March 2025)
The High Court refused leave to appeal in a Fidelity Fund claim, holding that funds paid into an attorney trust account were entrusted and that the appeal lacked prospects.
Seal A Deal CC t/a Makhafola Khaflind Transport and Another v Attorney Fidelity Fund Board and Another (30326/2018) [2024] ZAGPPHC 594 (10 June 2024)
The High Court dismissed a claim for repayment of alleged trust monies, finding lack of locus standi, prescription, and insufficient proof of entrustment.
Macheka v Legal Practice Council Free State (4057/2023) [2024] ZAFSHC 85 (22 March 2024)
Application to readmit a struck-off attorney dismissed for failure to prove genuine reformation, continued disregard of professional rules, and unresolved trust-account misconduct.
Ferreira v Senekal and Others (223/2020) [2023] ZAFSHC 483 (8 December 2023)
The court found that Mr Senekal was validly issued a Fidelity Fund Certificate for 2017 after complying with all requirements except the audited financial statement, which was permitted by Law Society practice. The certificate only became invalid from the date the qualified audit was submitted (2 June 2017), not retrospectively from the date of issue. There was no evidence that services were rendered or invoices raised during the period when the FFC was invalid (2 June 2017 to 22 June 2017). The plaintiff's claim, based on condictio indebiti and alleged fraudulent misrepresentation, could not…
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Law Society of the Northern Provinces v Mokone (6370/2018) [2022] ZALMPPHC 61 (25 November 2022)
The court struck an attorney off the roll after finding misconduct, non-cooperation, and repeated disregard of the Law Society and court directions.
South African Legal Practice Council formerly Law Society of the Northern Provinces v Mothuloe and Another (76471/2018) [2021] ZAGPPHC 799 (23 November 2021)
The court struck an attorney from the roll for practising without a fidelity fund certificate, failing to produce records, and serious trust-account misconduct.
Legal Practice Council v Van Wyk (3920/2013) [2021] ZAWCHC 223 (4 November 2021)
The High Court struck an attorney off the roll after decades of repeated misconduct, failures to account, contempt, and non-compliance, finding suspension inadequate.
South African Legal Practice Council v Masimila (2042/2020) [2021] ZAECGHC 84 (14 September 2021)
The High Court struck an attorney off the roll after finding he misappropriated client funds and tried to conceal the theft with purported loan agreements.
KwaZulu-Natal Law Society v Khan and Others (10205/18P) [2021] ZAKZPHC 61 (3 September 2021)
The court discharged a rule nisi in an attorney-discipline case, finding the Law Society had not proved misappropriation of trust funds and had acted without proper authorisation.
South African Legal Practice Council v Jacobson (92401/2019) [2020] ZAGPPHC 697 (26 November 2020)
The High Court suspended an attorney pending finalisation of the main application after repeated failures to file auditor’s reports, pay fees, or hold a Fidelity Fund Certificate.
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