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South Africa Case Law

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Civil Procedure [2019] ZAGPPHC 609

Law Society of the Northern Provinces v Mphela (2018/61533)

Law Society of the Northern Provinces v Mphela (2018/61533) [2019] ZAGPPHC 609 (12 November 2019)

The High Court struck an attorney off the roll after finding a large trust deficit, poor accounting records, and conduct showing he was not fit to practise.

  • Attorneys Act Striking Off
  • Trust Account Misappropriation
  • Professional Misconduct
  • Fit And Proper Test
  • Attorneys-act-striking-off
  • Trust-account-misappropriation
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Civil Procedure [2019] ZAGPPHC 400

Law Society of the Northern Provinces v Padayachy (67941/2015)

Law Society of the Northern Provinces v Padayachy (67941/2015) [2019] ZAGPPHC 400 (16 August 2019)

The court found that the respondent had committed serious misconduct, including misappropriation of trust funds, practising without a fidelity fund certificate, failing to submit required accountant's reports, and refusing to cooperate with the Law Society's investigations. The respondent failed to respond to the allegations and did not appear in court, despite being given multiple opportunities. The court applied the established three-stage enquiry and concluded that the offending conduct was proven, the respondent was not a fit and proper person to remain on the roll of attorneys, and that…

  • Attorneys Act Striking Off
  • Fit And Proper Person
  • Trust Account Misappropriation
  • Disciplinary Proceedings
  • Fidelity Fund Certificate
  • Failure To Account
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Civil Procedure [2019] ZAGPPHC 481

Law Society of the Northern Provinces v Stoltz and Another (7184/18)

Law Society of the Northern Provinces v Stoltz and Another (7184/18) [2019] ZAGPPHC 481 (15 August 2019)

The court struck an attorney off the roll for failing to account to clients, obstructing an investigation, and showing repeated trust-account misconduct.

  • Attorneys Act Striking Off
  • Trust Account Mismanagement
  • Failure To Account
  • Professional Misconduct
  • Disciplinary Proceedings
  • Attorneys-act-striking-off
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Civil Procedure [2019] ZAGPPHC 374

Law Society of the Northern Provinces v Adekeye and Another (21758/2018)

Law Society of the Northern Provinces v Adekeye and Another (21758/2018) [2019] ZAGPPHC 374 (2 May 2019)

The High Court struck an attorney from the roll after finding misappropriation of trust funds, practice without a Fidelity Fund Certificate, and dishonesty.

  • Attorneys Act Striking Off
  • Misappropriation Of Trust Funds
  • Fidelity Fund Certificate
  • Fit And Proper Person
  • Curatorship Of Trust Accounts
  • Attorney-disciplinary-proceedings
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Civil Procedure [2019] ZAGPPHC 123

Law Society of Northern Provinces v Mashaba and Others (23258/2018)

Law Society of Northern Provinces v Mashaba and Others (23258/2018) [2019] ZAGPPHC 123 (4 April 2019)

The court struck an attorney from the roll after finding he submitted fictitious invoices and misappropriated funds, making him unfit to practise.

  • Attorneys Act Striking Off
  • Professional Misconduct
  • Fraudulent Invoices
  • Fit And Proper Test
  • Curatorship Of Trust Accounts
  • Attorneys-act-striking-off
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Civil Procedure [2018] ZASCA 185

Law Society of the Northern Provinces v Morobadi (1151/2017)

Law Society of the Northern Provinces v Morobadi (1151/2017) [2018] ZASCA 185 (11 December 2018)

The SCA ordered Morobadi’s interim suspension pending a disciplinary enquiry, holding that the high court had not properly protected the public interest.

  • Attorneys Act Striking Off
  • Disciplinary Proceedings
  • Contingency Fee Agreements
  • Administration Of Estates
  • Misappropriation Of Trust Funds
  • Attorneys-discipline
Read case analysis
Civil Procedure [2017] ZAGPPHC 1089

Law Society of the Northern Provinces v Msibi and Another (97815/2016)

Law Society of the Northern Provinces v Msibi and Another (97815/2016) [2017] ZAGPPHC 1089 (19 October 2017)

The High Court struck an attorney from the roll after finding misappropriation of trust funds, trust deficits, failure to account, and other misconduct.

  • Attorneys Act Striking Off
  • Misappropriation Of Trust Funds
  • Unprofessional Conduct
  • Failure To Account
  • Trust Deficit
  • Costs On Attorney And Client Scale
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Commercial And Corporate [2016] ZAECGHC 46

Law Society of the Cape of Good Hope v Mpambaniso (3542/2014)

Law Society of the Cape of Good Hope v Mpambaniso (3542/2014) [2016] ZAECGHC 46 (17 June 2016)

The High Court struck an attorney off the roll after fraud convictions and findings of overreaching clients through excessive fees.

  • Attorneys Act Striking Off
  • Overreaching
  • Fraud By Attorney
  • Fit And Proper Person Test
  • Professional Misconduct
  • Removal From Roll
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Civil Procedure [2016] ZAKZPHC 25

KwaZulu - Natal Law Society v Moodley and Another (7037/2014)

KwaZulu - Natal Law Society v Moodley and Another (7037/2014) [2016] ZAKZPHC 25 (26 February 2016)

The court struck an attorney from the roll for professional misconduct, including misuse of trust monies, borrowing from a client, and a defective contingency fee agreement.

  • Attorneys Act Striking Off
  • Professional Misconduct
  • Contingency Fee Agreement
  • Trust Account Mismanagement
  • Wills Act Beneficiary Exclusion
  • Attorneys-act-striking-off
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Commercial And Corporate [2015] ZAFSHC 163

Law Society of the Free State v Pieterse (2189/2015)

Law Society of the Free State v Pieterse (2189/2015) [2015] ZAFSHC 163 (27 August 2015)

The court struck an attorney off the roll after finding he breached a prior suspension order by continuing to practise and ignoring trust-audit obligations.

  • Attorneys Act Striking Off
  • Professional Misconduct
  • Breach Of Court Order
  • Failure To Submit Trust Audit Reports
  • Attorneys-discipline
  • Strike-off
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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.