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Law Society of the Northern Provinces v Zwiegers (12993/2017) [2020] ZAGPPHC 785 (22 December 2020)
The High Court struck an attorney from the roll after finding repeated trust-account irregularities, poor accounting, dishonesty, and non-compliance with court orders.
Legal Practice Council v Naicker and Another (2788/2019P) [2020] ZAKZPHC 68 (6 November 2020)
The court found a legal practitioner misused trust funds and lied about payment status, but imposed a two-year suspension rather than striking off.
Cape Law Society v Mlindazwe (2857/18) [2020] ZAECMHC 8 (10 March 2020)
The court found that the respondent withdrew R75,000 from client trust funds but did so with the client's consent, as confirmed by the client's legal adviser. Although this conduct was irregular and breached the Cape Law Society's rules, it did not amount to dishonesty or theft. The respondent repaid the funds, and the client did not complain of prejudice. The court held that the respondent's conduct constituted a dereliction of duty and unprofessional behaviour but was not so serious as to render him unfit to practise as an attorney. The appropriate sanction was a conditional suspension rath…
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Law Society of the Northern Provinces v Venter (29697/2017) [2019] ZAGPPHC 512 (9 October 2019)
The High Court found an attorney unfit to remain on the roll but, because dishonesty was not proved and he had retired, ordered a three-year suspension and costs.
Law Society of the Northern Provinces v Adekeye and Another (21758/2018) [2018] ZAGPPHC 371 (17 May 2018)
The court found the application to be urgent due to the serious allegations of misappropriation of trust funds and the risk posed to the public and the Attorneys Fidelity Fund. The first respondent's objections regarding urgency, procedural fairness, and the need for a preliminary enquiry were dismissed. The court held that the disciplinary process under section 22 of the Attorneys' Act is appropriate and does not require prior internal enquiry. The audi alteram partem rule was satisfied as the respondent was given notice and an opportunity to respond before the court. The existence of parall…
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Claassen and Another v The Free State Law Society and Others (5940/2017) [2018] ZAFSHC 148 (12 April 2018)
Urgent application to compel the Free State Law Society to seek suspension of an attorney was dismissed as premature, with attorney-and-client costs awarded to the Society.
Law Society of the Free State v Majola (4776/2015) [2016] ZAFSHC 145 (12 August 2016)
The High Court suspended an attorney for one year after finding repeated non-cooperation with disciplinary directives and poor handling of client trust matters.
Cape Law Society v Skibbe (24730/2015) [2016] ZAWCHC 38 (4 March 2016)
The court struck an attorney from the roll after finding he misappropriated client trust funds and was no longer fit to practise.
Law Society of the Cape of Good Hope v Schoeman (15586/13) [2014] ZAWCHC 110 (29 July 2014)
The court found that the respondent's conduct in transferring trust funds to his personal accounts constituted misappropriation, regardless of his intention to repay the amounts. Such conduct is a serious breach of the standards expected of attorneys and undermines public trust in the profession. However, the court accepted that the respondent's actions were influenced by severe emotional distress and psychiatric illness, and that he had repaid all misappropriated funds, had no prior disciplinary record, and expressed genuine remorse. These exceptional circumstances justified a sanction less…
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Law Society of the Northern Provinces v De Wet (Landman) and Others (65036/2011) [2013] ZAGPPHC 332 (10 December 2013)
The court found an attorney’s professional assistant guilty of failing to report trust-account misconduct and suspended him from practice, conditionally for three years.
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