South Africa Case Law

South African Legal Practice Council v Kgaphola and Another (795/2023)

South African Legal Practice Council v Kgaphola and Another (795/2023) [2025] ZASCA 66 (23 May 2025)

Court

Supreme Court of Appeal

Case number

795/2023

Judges

Makgoka, Mothle, Mabindla-Boqwana, Hendricks, Baartman

The Supreme Court of Appeal found that the respondent practised as an attorney without a valid fidelity fund certificate for specified periods, failed to comply with rules regarding trust banking details and location, paid membership fees late, failed to register with the Financial Intelligence Centre within the prescribed period, and failed to reply to correspondence from the Legal Practice Council. These infractions were established on a balance of probabilities. Practising without a fidelity fund certificate and failing to reply to Council correspondence are serious offences that may warra…

Source excerpt

• Professional Misconduct
• Legal Practitioners Regulation
• Fidelity Fund Certificate
• Failure To Reply To Council
• Disciplinary Sanctions

South African Legal Practice Council v Mashele (2024/103400)

South African Legal Practice Council v Mashele (2024/103400) [2025] ZAGPPHC 577 (23 May 2025)

Court

North Gauteng High Court, Pretoria

Case number

2024/103400

Judges

GN Moshoana, M Mbongwe

The High Court struck attorney Victor Mdungasi Mashele from the roll after finding he misappropriated client trust funds and failed to account for them.

• Misappropriation Of Trust Funds
• Striking Off Roll
• Fiduciary Duties
• Fit And Proper Person
• Disciplinary Sanctions
• Misappropriation-of-trust-funds

Strado Remanufacturing (Pty) Ltd v Diphoko N.O and Others (JA 103/23)

Strado Remanufacturing (Pty) Ltd v Diphoko N.O and Others (JA 103/23) [2025] ZALAC 19; [2025] 6 BLLR 576 (LAC) (20 March 2025)

Court

Labour Appeal Court

Case number

JA 103/23

Judges

Savage, Sutherland, Davis

Labour Appeal Court held the arbitrator ignored material credibility evidence, set aside the award, and ordered reinstatement with a final written warning.

• Unfair Dismissal
• Insubordination
• Arbitration Review
• Reinstatement
• Disciplinary Sanctions
• Unfair-dismissal

Association of Mineworkers and Construction Workers Union v Bargaining Council for Civil Engineering Industry (C170/2022)

Association of Mineworkers and Construction Workers Union v Bargaining Council for Civil Engineering Industry (C170/2022) [2025] ZALCCT 2; (2025) 46 ILJ 1339 (LC) (8 January 2025)

Court

Labour Court Cape Town

Case number

C170/2022

Judge

R Lagrange

The Labour Court dismissed AMCU’s late review and condonation application, finding the delay excessive and unjustified. It also held the dismissal for inciting unprotected action was fair.

• Condonation For Late Filing
• Unprotected Strike Action
• Incitement Of Misconduct
• Procedural Fairness
• Disciplinary Sanctions
• Condonation-for-late-filing

Association of Mineworkers and Construction Workers Union (AMCU) obo Mafatshe v Commission For Conciliation Mediation and Arbitration and Others (JR1672/21)

Association of Mineworkers and Construction Workers Union (AMCU) obo Mafatshe v Commission For Conciliation Mediation and Arbitration and Others (JR1672/21) [2024] ZALCJHB 332 (30 August 2024)

Court

Labour Court Johannesburg

Case number

JR1672/21

Judge

Beckenstrater

The Labour Court dismissed a review against a CCMA award, holding that the dismissal was not unfair on grounds of inconsistency. The employees compared were materially different.

• Unfair Dismissal
• Inconsistency Of Treatment
• Review Of Arbitration Award
• Disciplinary Sanctions
• Unfair-dismissal
• Disciplinary-inconsistency

South African Legal Practice Council v Halles and Another (35117/2022)

South African Legal Practice Council v Halles and Another (35117/2022) [2024] ZAGPPHC 624 (5 June 2024)

Court

North Gauteng High Court, Pretoria

Case number

35117/2022

Judges

R Matthys, N Davis, O Mooki

The court suspended an attorney rather than striking her off after finding that Major Depressive Disorder, not dishonesty, caused her professional non-compliance.

• Legal Practitioner Fitness
• Mental Health Impairment
• Disciplinary Sanctions
• Fidelity Fund Certificate
• Practice Management Training
• Legal-practitioner-fitness

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)

Court

North Gauteng High Court, Pretoria

Case number

13881/2021; 13204/2022

Judges

De Vos, MPN Mbongwe

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…

Source excerpt

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

National Lotteries Commission v Mafonjo and Another (JR 48/2020)

National Lotteries Commission v Mafonjo and Another (JR 48/2020) [2023] ZALCJHB 184; [2023] 9 BLLR 970 (LC); (2023) 44 ILJ 1991 (LC) (23 June 2023)

Court

Labour Court Johannesburg

Case number

JR 48/2020

Judge

S Sethene

The court found that the chairperson's ruling to suspend the dismissal of Ms Mafonjo for ten years was irrational, unlawful, and inconsistent with both the employer's disciplinary policy and established legal principles. The disciplinary policy prescribes dismissal as the only sanction for gross dishonesty and breach of confidentiality, and there is no provision for suspended dismissal. The chairperson's reliance on personal circumstances was misplaced, as such factors do not outweigh the seriousness of the misconduct or the operational need for trust in the employment relationship. The parit…

Source excerpt

• Legality Review
• Gross Dishonesty
• Fiduciary Duty
• Parity Principle
• Disciplinary Sanctions
• Breach Of Contractual Obligation

South African Legal Practice Council v Oosthuizen (621/2023)

South African Legal Practice Council v Oosthuizen (621/2023) [2023] ZAFSHC 250 (19 June 2023)

Court

Free State High Court, Bloemfontein

Case number

621/2023

Judges

Molitsoane, Van Rhyn

The court held that the Legal Practice Council is not entitled to seek further relief after its Disciplinary Committee has imposed and implemented a sanction on the respondent. The disciplinary proceedings constituted administrative action, and the respondent's rights vested upon compliance with the imposed sanction. The LPC did not allege any new facts or irrationality in the prior decision, nor did it seek to review or set aside the sanction. The application was not made in pursuance of section 40 of the Legal Practice Act, nor was there any basis for the court to impose a more stringent sa…

Source excerpt

• Disciplinary Sanctions
• Legal Practitioners Removal
• Delegation Of Powers
• Promotion Of Administrative Justice Act

Legal Practice Council v Van Deventer (EL 2569/2021)

Legal Practice Council v Van Deventer (EL 2569/2021) [2022] ZAECMKHC 124 (29 November 2022)

Court

Eastern Cape High Court, Makhanda

Case number

EL 2569/2021

Judges

Hartle, Gqamana

The High Court found an attorney guilty of misconduct for witnessing a suretyship signature in the signatory’s absence and imposed a suspended suspension.

• Legal Practitioner Misconduct
• Attestation Of Signatures
• Suretyship Formalities
• Disciplinary Sanctions
• Legal-practitioner-misconduct
• Attestation-of-signatures