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South Africa decisions
Decisions matching the current search
South African Legal Practice Council v Mensah (25149/2021) [2023] ZAGPPHC 694 (17 August 2023)
The High Court ordered the respondent to pay attorney-and-client costs after failing to comply strictly with the requirements for closing a legal practice.
South African Legal Practice Council v Shirinda (44215/18) [2021] ZAGPPHC 144 (3 February 2021)
The High Court suspended a legal practitioner for one year after he admitted failing to file audit reports and practising without Fidelity Fund certificates.
Law Society of the Northern Provinces v Willers (1896/2018) [2018] ZALMPPHC 24 (23 May 2018)
The court urgently struck an attorney from the roll, appointed a curator bonis over trust accounts, and ordered delivery of records and costs against the respondent.
Proxi Smart Services (Pty) Ltd v Law Society of South Africa (74313/16) [2018] ZAGPPHC 333; [2018] 3 All SA 567 (GP); 2018 (5) SA 644 (GP) (16 May 2018)
The court found that the applicant's proposed business model would contravene section 83(8)(a) of the Attorneys Act and related statutory provisions, as the administrative tasks described would amount to preparing or causing to be prepared documents reserved for conveyancers and attorneys. The distinction between 'reserved' and 'non-reserved' work advanced by the applicant is not recognised in the relevant legislation. The relief sought by the applicant was found to be vague, hypothetical, and unenforceable, as the model had not been implemented and the conduct described was not sufficiently…
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NW Civil Contractors CC v Anton Ramaano Inc and Another (993/2016) [2018] ZALMPTHC 1 (14 May 2018)
The court held that section 41(1) of the Attorneys Act bars any attorney from practising for his or her own account without a valid Fidelity Fund Certificate. The attorney in this case admitted to practising without such a certificate, rendering all proceedings initiated by him null and void ab initio. The court found that all rulings and judgments handed down as a result of these proceedings must be set aside. Furthermore, section 41(2) precludes any entitlement to fees for work done while practising without a certificate, protecting members of the public from being charged by attorneys acti…
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Reddy t/a Logprop Realty v Govender and Another (5791/2017) [2018] ZAKZDHC 27 (10 May 2018)
High Court granted provisional sentence on an acknowledgement of debt for R230,000, rejecting defences based on liquidity, the Attorneys Act, and pending Regional Court proceedings.
Law Society of the Northern Provinces v Aphiri (2015/11755) [2018] ZAGPPHC 361 (26 April 2018)
The court ordered a practitioner to produce accounting records and client files for inspection by the Law Society, and dismissed a consolidation application with costs.
Thales South Africa (Pty) Ltd v Sooklel (22728/2011) [2017] ZAGPJHC 167 (5 May 2017)
The court found that the respondent's allegations of illegality were not substantiated by the facts. The agreement between the parties was for the respondent to render professional legal services as an attorney and consultant, which is not illegal. The respondent did not allege that he was involved in any illegal activities or that the agreement was an offshoot of corruption. The authorities cited by the respondent, particularly Cool Ideas 1186 CC v Hubbard, were distinguished on the basis that they dealt with statutory prohibitions, which were not present in this case. The appeal arbitration…
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Mdyesha (27320/2016), Ex parte [2016] ZAGPPHC 905; 2018 (4) SA 468 (GP) (4 August 2016)
The High Court held that an applicant may be admitted as an attorney despite completing practical legal training before articles of clerkship, because substantive compliance was sufficient.
Lurie v Finkelstein and Others (89859/2014) [2016] ZAGPPHC 417 (9 June 2016)
The court dismissed an application over money attached from an attorney’s trust account, holding the applicant lacked a direct ownership claim to the funds.
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