South Africa Case Law

South African Legal Practice Council v Selota (43012/2018)

South African Legal Practice Council v Selota (43012/2018) [2025] ZAGPPHC 475 (15 May 2025)

Court

North Gauteng High Court, Pretoria

Case number

43012/2018

Judges

Davis, Khumalo

The court found that the respondent committed repeated and serious breaches of professional duties, including practicing without a Fidelity Fund certificate, maintaining trust account deficits, failing to keep proper accounting records, overreaching clients under contingency fee agreements, touting, and failing to account or pay clients timeously. The respondent's explanations were evasive, lacked credibility, and demonstrated a pattern of dishonesty and lack of insight. The cumulative effect of these transgressions rendered the respondent no longer fit and proper to practice law. The court h…

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• Legal Practitioner Misconduct
• Trust Account Deficits
• Contingency Fee Act Breaches
• Overreaching
• Failure To Account
• Striking Off Application

South African Legal Practice Council v Dube (23500/2020)

South African Legal Practice Council v Dube (23500/2020) [2025] ZAGPPHC 365 (15 April 2025)

Court

North Gauteng High Court, Pretoria

Case number

23500/2020

Judges

N Davis, M Lenyai

The High Court struck an attorney from the roll for repeated misconduct, including failure to account, overreaching, client fund abuse, and practicing without a Fidelity Fund certificate.

• Legal Practitioner Misconduct
• Striking Off Application
• Failure To Account
• Overreaching
• Fidelity Fund Certificate
• Client Funds Misappropriation

South African Legal Practice Council v Gonzales (1949/2024)

South African Legal Practice Council v Gonzales (1949/2024) [2024] ZAWCHC 412 (6 December 2024)

Court

Western Cape High Court, Cape Town

Case number

1949/2024

Judges

C Fortuin, J Cloete

The respondent misappropriated trust funds by transferring client monies from his trust account to his business account without the client's permission and failed to refund the client as agreed. His explanations were patently false and amounted to attempts to mislead both the applicant and the court. He also failed to comply with the Legal Practice Council's requests for information under Rule 40.2.4 and did not properly account to another client for substantial funds held in trust. The respondent's conduct demonstrates a lack of professionalism, integrity, and understanding of his duties as…

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• Misappropriation Of Trust Funds
• Failure To Account
• Professional Misconduct
• Legal Practitioners Code Of Conduct
• Striking Off
• Disciplinary Proceedings

SA Legal Practice Council v Maeyane (24543/2022)

SA Legal Practice Council v Maeyane (24543/2022) [2024] ZAGPPHC 666 (3 July 2024)

Court

North Gauteng High Court, Pretoria

Case number

24543/2022

Judges

Janse van Nieuwenhuizen, Kekana

The High Court struck an attorney from the roll after finding dishonesty, poor trust-account control, failure to account, and conveyancing work done without authority.

• Legal Practitioners Striking Off
• Misappropriation Of Trust Funds
• Dishonesty
• Conveyancing Without Authority
• Failure To Account
• Gross Negligence

South African Legal Practice Council v Setati (570/2022)

South African Legal Practice Council v Setati (570/2022) [2024] ZAGPPHC 207 (13 March 2024)

Court

North Gauteng High Court, Pretoria

Case number

570/2022

Judges

N Davis, J L Bhengu

The respondent breached his fiduciary duties by investing estate funds in an unlisted, dubious investment, failed to account for the funds, and depleted the estate to the prejudice of a minor beneficiary. He repeatedly practised without fidelity fund certificates and failed to maintain proper books of account, despite multiple opportunities to rectify his conduct. His persistent dishonesty, lack of transparency, and disregard for professional obligations demonstrate that he is no longer fit and proper to practise law. The protection of the public and the integrity of the profession require hi…

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• Legal Practitioner Striking Off
• Breach Of Fiduciary Duty
• Failure To Account
• Trust Account Mismanagement
• Legal Practice Act
• Minor Beneficiary Prejudice

Law Society of the Northern Provinces v Samuels (12992/2017)

Law Society of the Northern Provinces v Samuels (12992/2017) [2023] ZAGPPHC 2043 (21 December 2023)

Court

North Gauteng High Court, Pretoria

Case number

12992/2017

Judges

R G Tolmay, M Baloyi-Mbembele

The High Court struck an attorney from the roll after finding he failed to account to a RAF client, retained trust funds improperly, and resisted a Law Society inspection.

• Removal From Roll
• Contingency Fee Agreement
• Trust Account Deficit
• Failure To Account
• Professional Misconduct
• Removal-from-roll

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)

Court

North Gauteng High Court, Pretoria

Case number

79330/2018

Judges

WJ du Plessis, D Makhoba

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

Nghonyama and Others v The Body Corporate of Pearlbrook (2018/8948)

Nghonyama and Others v The Body Corporate of Pearlbrook (2018/8948) [2023] ZAGPJHC 237 (16 March 2023)

Court

South Gauteng High Court, Johannesburg

Case number

2018/8948

Judge

Turner

The High Court discharged a rule nisi, declared an administrator’s appointment ended, and awarded costs against the applicants after finding noncompliance and lack of validity.

• Sectional Titles Schemes Management Act
• Appointment Of Administrator
• Failure To Account
• Termination Of Appointment
• Sectional-titles
• Appointment-of-administrator

South African Legal Practice Council v Mokgobi (13023/2020)

South African Legal Practice Council v Mokgobi (13023/2020) [2023] ZAGPPHC 22 (20 January 2023)

Court

North Gauteng High Court, Pretoria

Case number

13023/2020

Judges

N V Khumalo, M R Phooko

The High Court struck an attorney off the roll after finding repeated failures to account for client funds, a large trust deficit, and noncompliance with oversight orders.

• Legal Practitioner Misconduct
• Removal From Roll
• Trust Account Deficit
• Failure To Account
• Fiduciary Duties
• Disciplinary Proceedings

South African Legal Practice Council v Ntsie (52311/19)

South African Legal Practice Council v Ntsie (52311/19) [2022] ZAGPPHC 131 (8 March 2022)

Court

North Gauteng High Court, Pretoria

Case number

52311/19

Judges

Tlhapi VV, Bokako T

The court found that the respondent had committed numerous contraventions of the Legal Practice Act, the Rules, and the Code of Conduct, including misappropriation and mismanagement of trust funds, failure to account to clients, practising without a fidelity fund certificate, and refusal to cooperate with investigations. The respondent failed to provide meaningful explanations or supporting evidence for the majority of complaints and relied on bare denials. The court held that the respondent's conduct amounted to dishonesty and a serious dereliction of duty, rendering him unfit to practise as…

Source excerpt

• Legal Practitioners Disciplinary
• Misappropriation Of Trust Funds
• Fidelity Fund Certificate
• Failure To Account
• Code Of Conduct Violation
• Trust Account Management