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South Africa Case Law

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Civil Procedure [2016] ZAWCHC 131

Obose v Cape Law Society (10699/2016)

Obose v Cape Law Society (10699/2016) [2016] ZAWCHC 131 (6 October 2016)

The High Court dismissed an attorney readmission application, finding the applicant had not shown genuine reform after misappropriating client funds.

  • Attorneys Act Section 15
  • Readmission Of Attorney
  • Fit And Proper Person
  • Misappropriation Of Client Funds
  • Hearsay Evidence
  • Professional Ethics
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Civil Procedure [2008] ZASCA 91

Van Eeden and Another v Prokureursorde van die Noordelike Provinsies and Another (557/2007)

Van Eeden and Another v Prokureursorde van die Noordelike Provinsies and Another (557/2007) [2008] ZASCA 91; [2009] 1 All SA 477 (SCA) (12 September 2008)

The Supreme Court of Appeal held that the appellant failed to discharge the burden of proving that he was a fit and proper person to be re-admitted as an attorney. The court found that the probabilities overwhelmingly indicated that the appellant, with the assistance of his father, was responsible for the disappearance of the firm's accounting records, which was intended to frustrate the investigation into trust account shortages. The appellant's explanations regarding the missing records were inconsistent and unconvincing, and his conduct in forcibly entering the offices and attempting to re…

  • Attorneys Act Section 15
  • Re Admission Of Attorneys
  • Trust Account Shortage
  • Fitness To Practice
  • Burden Of Proof
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Civil Procedure [2008] ZAECHC 73

Budricks v Law Society of the Cape of Good Hope (1257/2004)

Budricks v Law Society of the Cape of Good Hope (1257/2004) [2008] ZAECHC 73 (24 April 2008)

The High Court dismissed an attorney’s readmission application after finding he had not proved genuine, complete and permanent reformation.

  • Attorneys Act Section 15
  • Readmission Of Attorney
  • Fit And Proper Person
  • Misappropriation Of Trust Funds
  • Onus Of Proof
  • Professional Misconduct
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Civil Procedure [2008] ZASCA 36

Swartzberg v Law Society of the Northern Privinces (83/07)

Swartzberg v Law Society of the Northern Privinces (83/07) [2008] ZASCA 36; [2008] 3 All SA 438 (SCA); 2008 (5) SA 322 (SCA); (28 March 2008)

The Supreme Court of Appeal considered whether a struck-off attorney had shown genuine, complete and permanent reformation enough for readmission.

  • Attorneys Act Section 15
  • Readmission Of Attorney
  • Fit And Proper Person
  • Professional Misconduct
  • Onus Of Proof
  • Attorneys-act
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.