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Administrative Law [2023] ZAGPPHC 1144

Legal Practice Council v Mkhize (13881/2021; 13204/2022)

Legal Practice Council v Mkhize (13881/2021; 13204/2022) [2023] ZAGPPHC 1144; 2024 (1) SA 189 (GP) (8 September 2023)

The Court found, on a preponderance of probabilities, that Mr Mkhize repeatedly accepted instructions and payments directly from members of the public without the involvement of an attorney, in clear contravention of section 34 of the Legal Practice Act. The evidence included receipts, letters of engagement, and corroborating complaints. Mr Mkhize's defence that his administrators acted without his knowledge was rejected as fanciful and inconsistent, and he failed to exercise necessary oversight over his practice. The Court further found that Mr Mkhize persistently failed to comply with court…

  • Legal Practitioners Misconduct
  • Referral Rule
  • Fit And Proper Test
  • Disciplinary Sanctions
  • Court Orders Noncompliance
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