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South Africa decisions
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Smith v Legal Practitioners' Fidelity Fund Board (541/2023) [2024] ZASCA 170; 2025 (3) SA 476 (SCA) (11 December 2024)
The court held that only one payment of R900,000 was entrusted to the firm and recoverable from the Fidelity Fund; three other claims failed.
Law Society of the Northern Provinces v Mankoe and Another (7772/2017) [2018] ZALMPPHC 55 (12 September 2018)
The High Court removed an attorney from the roll after finding serious trust-account misconduct, including a trust shortage, poor accounting records, and dishonesty.
Law Society of the Northern Provinces v Cowling and Another (69300/13) [2016] ZAGPPHC 711 (16 August 2016)
The High Court struck off two attorneys for serious trust-account misconduct, including a large trust deficit, inadequate accounting records, and multiple Fidelity Fund claims.
Law Society of the Free State v Radebe (5293/2015) [2016] ZAFSHC 97 (9 June 2016)
The court found that the respondent admitted to withdrawing funds from a deceased estate account for personal practice expenses, which constituted misconduct. However, the respondent showed remorse, reimbursed the estate, and did not intend to permanently deprive the estate of its funds. The misconduct was not driven by greed but by financial pressure, and the respondent had no prior disciplinary record. The Law Society did not immediately interdict the respondent, and his trust accounts were found to be in order. The court concluded that the respondent's conduct, while serious, did not stem…
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Law Society of the Free State v Du Toit (5206/2014) [2015] ZAFSHC 53 (12 March 2015)
The court found that the respondent had committed multiple serious professional transgressions, including practising without a fidelity fund certificate, submitting improper or no trust audit reports, and failing to account to clients for substantial sums of money. These breaches were proved on a preponderance of probabilities and constituted wilful and intentional disregard of statutory provisions and professional rules. The respondent's conduct was found to be ethically deplorable, incompatible with the standards expected of attorneys, and posed a serious risk to the public. The respondent…
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Law Society of the Northern Provinces v Kyle (57490/2013) [2014] ZAGPPHC 989 (17 December 2014)
The court found that the respondent failed to submit the required audit reports for the periods ending February 2011 and February 2012 and practised without a Fidelity Fund Certificate, in clear contravention of the Attorneys Act. The Law Society was confirmed as the proper authority to bring the application, and its powers to regulate attorneys and seek the appointment of a curator bonis were upheld. The respondent's arguments regarding res judicata were rejected for the periods in question, as previous compliance related only to earlier years. The gravity of the respondent's non-compliance…
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Law Society of the Northern Provinces v Dube (2606/2014) [2014] ZAGPPHC 864 (3 November 2014)
The respondent failed to submit required audit reports, practised without a fidelity fund certificate, misappropriated trust funds, and failed to account to clients. He did not oppose the application or provide any explanation. The allegations are accepted as undisputed. The respondent's conduct demonstrates a disregard for the rules governing attorneys and places the public and trust creditors at risk. The court finds, on a balance of probabilities, that the respondent is not a fit and proper person to continue practising as an attorney. The respondent's name is struck off the roll and a cur…
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Law Society of the Northern Provinces v Dube (874/11) [2012] ZASCA 137; [2012] 4 All SA 251 (SCA) (27 September 2012)
The SCA upheld a suspension, not striking-off, for an attorney guilty of dishonesty and misconduct, but ordered attorney-and-client costs against him.
Law Society of the Northern Provinces v Phiri and Another (1848/10) [2011] ZANWHC 42 (23 June 2011)
The court suspended an attorney for practising without a fidelity fund certificate, failing to file auditor’s reports, and ignoring disciplinary orders.
Law Society of the Northern Provinces v Baloyi (77836/09) [2010] ZAGPPHC 166 (13 October 2010)
The court suspended an attorney pending a striking-off application after finding repeated noncompliance with audit and Fidelity Fund requirements and abandonment of practice.
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