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South Africa Case Law

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Civil Procedure [2024] ZAWCHC 196

Legal Practice Council v Kleynhans (6160/24)

Legal Practice Council v Kleynhans (6160/24) [2024] ZAWCHC 196 (5 August 2024)

The court admitted a late supplementary affidavit and postponed a legal practitioner suspension application. It kept an earlier interdict in place pending LPC review of the audit report.

  • Legal Practitioner Suspension
  • Fidelity Fund Certificate
  • Audit Report Noncompliance
  • Postponement Principles
  • Legal-practitioner-suspension
  • Fidelity-fund-certificate
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Civil Procedure [2023] ZAGPPHC 397

South African Legal Practice Council v Langa and Others

South African Legal Practice Council v Langa and Others [2023] ZAGPPHC 397; 79330/2018 (31 March 2023)

The High Court struck an attorney from the roll for repeated misconduct, trust-account deficits, failure to account, and practising without a Fidelity Fund Certificate.

  • Removal From Roll
  • Professional Misconduct
  • Trust Account Deficit
  • Failure To Account
  • Fidelity Fund Certificate
  • Audit Report Noncompliance
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Administrative Law [2023] ZAFSHC 177

Legal Practice Council v Fourie (5806/2022)

Legal Practice Council v Fourie (5806/2022) [2023] ZAFSHC 177 (10 February 2023)

The Free State High Court suspended an attorney from practice for failing to submit audit reports, practising without a Fidelity Fund certificate, and ignoring LPC correspondence.

  • Legal Practitioner Suspension
  • Fidelity Fund Certificate
  • Audit Report Noncompliance
  • Professional Misconduct
  • Legal-practitioner-suspension
  • Fidelity-fund-certificate
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Civil Procedure [2023] ZAFSHC 43

Legal Practice Council v Fourie (5806/2022)

Legal Practice Council v Fourie (5806/2022) [2023] ZAFSHC 43 (10 February 2023)

The respondent failed to submit unqualified audit reports for multiple years, practised without a Fidelity Fund certificate, and neglected to pay mandatory membership fees, despite repeated reminders. She did not oppose the application and admitted to ceasing practice. The court found that these breaches constitute professional misconduct and that the respondent is not a fit and proper person to practise as an attorney. However, as the infractions did not involve dishonesty, suspension rather than striking off is appropriate. The suspension is subject to compliance with the Legal Practice Act…

  • Legal Practitioners Conduct
  • Fidelity Fund Certificate
  • Audit Report Noncompliance
  • Suspension Of Attorney
  • Curatorship Of Trust Accounts
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Administrative Law [2022] ZAGPPHC 694

Legal Practice Council v Spies (55628/20)

Legal Practice Council v Spies (55628/20) [2022] ZAGPPHC 694 (16 September 2022)

The High Court removed an attorney from the roll after repeated audit, fidelity fund, membership, and disciplinary non-compliance, with no opposition or explanation.

  • Legal Practitioners Conduct
  • Removal From Roll
  • Disciplinary Proceedings
  • Fidelity Fund Certificate
  • Audit Report Noncompliance
  • Attorney-discipline
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Commercial And Corporate [2022] ZAGPPHC 505

Legal Practice Council of South Africa v Mamabolo (59026/2019)

Legal Practice Council of South Africa v Mamabolo (59026/2019) [2022] ZAGPPHC 505 (13 July 2022)

The High Court suspended an attorney for practising without a fidelity fund certificate, failing to file audit reports, and neglecting fees and client matters.

  • Legal Practitioners Discipline
  • Fidelity Fund Certificate
  • Audit Report Noncompliance
  • Client Funds Mismanagement
  • Professional Misconduct
  • Legal-practitioner-discipline
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Civil Procedure [2021] ZAFSHC 301

South African Legal Practice Council v Molotsi and Others (347/2021)

South African Legal Practice Council v Molotsi and Others (347/2021) [2021] ZAFSHC 301 (2 December 2021)

The High Court dealt with an attorney's non-compliance with Fidelity Fund and audit requirements, granted ancillary protective relief, and reserved costs.

  • Legal Practitioners Regulation
  • Fidelity Fund Certificate
  • Audit Report Noncompliance
  • Trust Account Management
  • Legal-practitioner-discipline
  • Fidelity-fund-certificate
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Civil Procedure [2021] ZAFSHC 228

Legal Practice Council v Stanley (2756/2021)

Legal Practice Council v Stanley (2756/2021) [2021] ZAFSHC 228 (7 October 2021)

The High Court suspended an attorney for failing to submit audit reports, maintain a valid Fidelity Fund Certificate, and comply with membership requirements.

  • Attorney Misconduct
  • Audit Report Noncompliance
  • Fidelity Fund Certificate
  • Professional Ethics
  • Attorney-discipline
  • Audit-report-noncompliance
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Civil Procedure [2017] ZAGPPHC 1101

Law Society of the Northern Provinces v Msibi v Kgokong and Another (75100/2016)

Law Society of the Northern Provinces v Msibi v Kgokong and Another (75100/2016) [2017] ZAGPPHC 1101 (1 November 2017)

The court found that the first respondent had committed multiple serious contraventions of the Attorneys Act and professional rules, including failing to pay correspondent attorneys, not submitting required audit reports, practising without a Fidelity Fund certificate, abandoning his practice, and failing to communicate with the Law Society. These actions placed clients and the public at risk and demonstrated unprofessional and dishonourable conduct. The absence of any explanation or defence from the first respondent aggravated the seriousness of the misconduct. Considering the totality of th…

  • Attorneys Act
  • Disciplinary Removal
  • Fidelity Fund Certificate
  • Professional Misconduct
  • Audit Report Noncompliance
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Civil Procedure [2016] ZAGPPHC 1023

Law Society of the Northern Provinces v Tumagole (24662/2016)

Law Society of the Northern Provinces v Tumagole (24662/2016) [2016] ZAGPPHC 1023 (12 December 2016)

The High Court suspended an attorney after audit-report failures, practicing without a Fidelity Fund Certificate, and failure to file a closing audit report.

  • Attorneys Act
  • Disciplinary Proceedings
  • Fidelity Fund Certificate
  • Audit Report Noncompliance
  • Suspension Of Practice
  • 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.