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South Africa Case Law

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Civil Procedure [2025] ZALMPPHC 143

Limpopo Provincial Council of the South African Legal Practice Council v Van Eeden (264/2023)

Limpopo Provincial Council of the South African Legal Practice Council v Van Eeden (264/2023) [2025] ZALMPPHC 143 (28 July 2025)

The High Court suspended an advocate for 18 months after finding he misappropriated trust funds, ordered curatorship over his trust accounts, and awarded attorney-and-client costs.

  • Legal Practitioner Misconduct
  • Misappropriation Of Trust Funds
  • Suspension From Practice
  • Curatorship Of Trust Accounts
  • Costs On Attorney And Client Scale
  • Legal-practitioner-misconduct
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Administrative Law [2024] ZAFSHC 131

South Africa Legal Practice Council v Green (5205/2023)

South Africa Legal Practice Council v Green (5205/2023) [2024] ZAFSHC 131 (9 May 2024)

The High Court suspended a legal practitioner for failing to hold a valid Fidelity Fund Certificate and granted curatorship and related protective relief.

  • Legal Practitioner Suspension
  • Fidelity Fund Certificate
  • Curatorship Of Trust Accounts
  • Failure To Comply With Court Order
  • 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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Civil Procedure [2021] ZAGPPHC 862

South African Legal Practice Council v Mametja (16829/2020)

South African Legal Practice Council v Mametja (16829/2020) [2021] ZAGPPHC 862 (17 December 2021)

The court struck an attorney from the roll for failing to account for trust funds, practicing without a Fidelity Fund Certificate, and ignoring regulatory oversight.

  • Legal Practitioner Discipline
  • Trust Account Misappropriation
  • Fidelity Fund Certificate
  • Failure To Account
  • Professional Misconduct
  • Curatorship Of Trust Accounts
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Civil Procedure [2020] ZAGPPHC 531

South African Legal Practice Council v Ntsie (52311/2019)

South African Legal Practice Council v Ntsie (52311/2019) [2020] ZAGPPHC 531 (22 August 2020)

Interim suspension proceedings against an attorney were postponed to allow further answering affidavits, while a curator bonis was appointed over trust accounts.

  • Legal Practitioners Striking Off
  • Fidelity Fund Certificate
  • Trust Account Mismanagement
  • Interim Suspension
  • Curatorship Of Trust Accounts
  • Attorney-discipline
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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] ZALMPPHC 24

Law Society of the Northern Provinces v Willers (1896/2018)

Law Society of the Northern Provinces v Willers (1896/2018) [2018] ZALMPPHC 24 (23 May 2018)

The court urgently struck an attorney from the roll, appointed a curator bonis over trust accounts, and ordered delivery of records and costs against the respondent.

  • Attorney Striking Off
  • Curatorship Of Trust Accounts
  • Urgent Interdict
  • Attorneys Act Compliance
  • Attorney-striking-off
  • Curator-bonis
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Civil Procedure [2016] ZAGPPHC 698

Law Society of the Northern Provinces v Mahlaola (2249/2015)

Law Society of the Northern Provinces v Mahlaola (2249/2015) [2016] ZAGPPHC 698 (29 July 2016)

The High Court struck an attorney from the roll after finding he misappropriated client trust funds, gave contradictory explanations, and was no longer fit to practise.

  • Attorney Striking Off
  • Misappropriation Of Trust Funds
  • Professional Misconduct
  • Curatorship Of Trust Accounts
  • Attorney-striking-off
  • Misappropriation-of-trust-funds
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Civil Procedure [2013] ZAGPPHC 230

Law Society of the Northern Provinces v Mashiloane (8675/2009)

Law Society of the Northern Provinces v Mashiloane (8675/2009) [2013] ZAGPPHC 230 (26 July 2013)

An attorney admitted misappropriating trust funds and other professional breaches was struck from the roll of attorneys, with costs on an attorney-and-client scale.

  • Attorney Striking Off
  • Misappropriation Of Trust Funds
  • Disciplinary Proceedings
  • Fidelity Fund Requirements
  • Curatorship Of Trust Accounts
  • Attorney-striking-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.