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South Africa Case Law

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Civil Procedure [2020] ZAKZPHC 3

KwaZulu-Natal Law Society v Khumalo and Another (592/17P)

KwaZulu-Natal Law Society v Khumalo and Another (592/17P) [2020] ZAKZPHC 3 (27 January 2020)

High Court strike-off case against an attorney for fraudulent audit reports, trust-account discrepancies, and alleged misappropriation of trust money.

  • Attorneys Act Strike Off
  • Trust Account Misappropriation
  • Audit Report Fraud
  • Fit And Proper Person Test
  • Disciplinary Proceedings
  • Fiduciary Duties
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Civil Procedure [2016] ZAKZPHC 85

KwaZulu-Natal Law Society v Myeza and Another (1083/2015)

KwaZulu-Natal Law Society v Myeza and Another (1083/2015) [2016] ZAKZPHC 85; [2016] 4 All SA 548 (KZP) (19 August 2016)

The court found that the first respondent had engaged in a pattern of dishonest conduct over a prolonged period, including misappropriation and theft of trust funds, failure to keep proper accounting records, and lack of full and frank disclosure to the auditors, the Law Society, and the court. The respondent's explanations were inconsistent and failed to demonstrate genuine remorse or acceptance of responsibility. The amounts involved were substantial, and the respondent knowingly issued false audit certificates and used client funds to pay practice expenses. The court held that the responde…

  • Attorneys Act Strike Off
  • Misappropriation Of Trust Funds
  • Professional Misconduct
  • Fit And Proper Person Test
  • Disciplinary Sanctions
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Commercial And Corporate [2008] ZAKZHC 68

Kwazulu-Natal Law Society v Davey and Others (3406/2006)

Kwazulu-Natal Law Society v Davey and Others (3406/2006) [2008] ZAKZHC 68; 2009 (2) SA 27 (N) (5 September 2008)

The High Court dismissed a law society application to strike attorneys off the roll, finding no proved touting, bribery, or improper conduct in their marketing arrangements.

  • Attorneys Act Strike Off
  • Professional Misconduct
  • Advertising And Touting
  • Conflict Of Interest
  • Corrupt Activities Act
  • Competition Act Exemption
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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.