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South Africa decisions
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South African Legal Practice Council v Beukman (17538/24) [2025] ZAWCHC 284 (11 July 2025)
The High Court struck a legal practitioner from the roll for misappropriating trust funds, concealing a refund, breaching a settlement, and failing to repay the client.
Oosthuizen v Association of Certified Examiners South Africa and Others (2023/083887) [2025] ZAGPJHC 213 (6 March 2025)
High Court review of a professional body’s disciplinary decision dismissed. The court held the applicant had notice, the process was fair, and the body had jurisdiction.
Makonye v Pule Inc and Others (045931/2023) [2024] ZAGPPHC 1165 (11 November 2024)
The High Court refused summary judgment in a dispute over unpaid advocate’s fees, finding the respondents raised a bona fide defence based on a payment condition.
General Council of the Bar of South Africa and Another v Minister of Finance and Others (2023/132695) [2024] ZAGPPHC 558 (28 June 2024)
The court found that the Public Finance Management Act does not apply to the Office of the State Attorney or the tender process for referral advocates. The correct statutory framework is the State Attorney Act and the Legal Practice Act. The tender was issued without an extant policy approved by Cabinet and tabled in Parliament as required by the State Attorney Act. The terms of the tender, including the requirement for referral advocates to enter into transversal contracts with non-attorneys and the fee arrangements, breach the Code of Conduct under the Legal Practice Act and would render su…
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Botha v Commission For Gender Equality and Others (58057/2021) [2023] ZAGPJHC 149; [2023] 6 BLLR 598 (GJ); (2023) 44 ILJ 1796 (GJ) (15 February 2023)
Section 194(3)(a) of the Constitution is clear and unambiguous: only the President may suspend a Commissioner of a Chapter 9 institution, and only after the commencement of removal proceedings by a committee of the National Assembly. The Commission for Gender Equality's Code of Conduct cannot confer upon itself a power that the Constitution reserves for the President. The Commission's suspension of the applicant was ultra vires, unlawful, and invalid. The alleged lacuna between misconduct and the commencement of parliamentary proceedings does not justify the usurpation of presidential powers;…
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Solomon and Another v Junkeeparsad (37003/2019; 37456/2019) [2021] ZAGPJHC 163; 2022 (3) SA 526 (GJ) (2 September 2021)
The court held that, following the Legal Practice Act and the Code of Conduct, an attorney who instructs an advocate is personally liable for the advocate's reasonable fees, regardless of whether the attorney acts through an incorporated firm. The Code of Conduct now codifies this liability as a rule of law, not merely a professional practice or trade usage. The respondent, having instructed the applicants in his professional capacity, is liable to pay their reasonable charges, and the applicants are entitled to sue him personally without needing to sue the incorporated firm. The allegations…
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Booysen v Safety and Security Sectoral Bargaining Council and Others (PA12/18) [2021] ZALAC 7; (2021) 42 ILJ 1192 (LAC); [2021] 7 BLLR 659 (LAC) (30 March 2021)
The Labour Appeal Court held that, although the SAPS did not lead specific evidence at arbitration regarding intolerability or impracticability of reinstatement, the Labour Court was entitled to consider factors on record. The appellant, as a SAPS employee, engaged in consensual intercourse with a minor, contrary to the Code of Conduct and the values of SAPS. This conduct was incompatible with SAPS’s obligation to protect children and maintain public confidence. The Labour Court was justified in concluding that continued employment would be intolerable or not reasonably practical, and that co…
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Woodglaze Trading (Proprietary) Limited v Matshekga N.O. and Another (3164/2014) [2015] ZAKZDHC 17 (2 March 2015)
The High Court upheld NHBRC fines for 96 un-enrolled homes, rejecting review grounds based on jurisdiction, consolidation of counts, and alleged harshness.
Nedbank Limited v Mvelase and Others (D.299/2014) [2015] ZALCD 18 (13 January 2015)
The Labour Court upheld a CCMA award finding Nedbank’s dismissal of a financial adviser unfair after alleged conflict-of-interest conduct was held to be subtle and not dismissal-worthy.
Public Service Association of South Africa and Another v General Public Service Sectoral and Others (D 1116/2010) [2015] ZALCD 5 (13 January 2015)
The court found that the arbitrator's award upholding Mokhele's dismissal was reasonable and not reviewable. The Code of Conduct prohibits the acceptance of any gifts, regardless of value, and Mokhele admitted to accepting gifts for preferential service. The arbitrator reasonably addressed all grounds for review, including the alleged plea bargain, procedural issues, and consistency in sanctioning. The procedural issues were withdrawn during arbitration, and allegations of inconsistency were not substantiated by evidence. The arbitrator's decision fell within the band of reasonable outcomes,…
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