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South Africa Case Law

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Civil Procedure [2013] ZAGPPHC 151

Law Society of the Northern Provinces v Van Den Berg (44078/2012)

Law Society of the Northern Provinces v Van Den Berg (44078/2012) [2013] ZAGPPHC 151 (12 June 2013)

High Court removal application against an attorney who practised without a fidelity fund certificate, failed to file required reports, and ignored the Law Society.

  • Attorneys Act
  • Professional Misconduct
  • Fidelity Fund Certificate
  • Failure To Keep Accounting Records
  • Unprofessional Conduct
  • Attorney-discipline
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Civil Procedure [2010] ZAGPPHC 640

Law Society of the Northern Provinces v Letlhaka (42111/08)

Law Society of the Northern Provinces v Letlhaka (42111/08) [2010] ZAGPPHC 640 (17 June 2010)

The respondent persistently failed to comply with statutory and professional obligations, including the submission of auditor's certificates and the maintenance of proper accounting records, and practised without a fidelity fund certificate. His conduct was found to be unprofessional, dishonourable, and unworthy. The respondent's lack of insight and contemptuous attitude towards the Law Society further demonstrated his unfitness to practise. The court held that mere suspension would not suffice, as there was no evidence of possible rehabilitation and the public interest required decisive acti…

  • Attorneys Act
  • Disciplinary Proceedings
  • Fitness To Practise
  • Failure To Keep Accounting Records
  • Fidelity Fund Certificate
  • Curatorship
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Civil Procedure [2010] ZAGPPHC 275

Law Society of the Northern Provinces v Letlhaka (42111/08)

Law Society of the Northern Provinces v Letlhaka (42111/08) [2010] ZAGPPHC 275 (17 June 2010)

The respondent repeatedly failed to comply with statutory and professional obligations by not submitting auditor's certificates for his trust account, practising without a fidelity fund certificate, and failing to keep proper accounting records. His conduct was found to be unprofessional, dishonourable, and unworthy. The respondent's lack of insight and contemptuous attitude towards the Law Society further demonstrated his unfitness to practise. The court held that suspension would not suffice, as there was no evidence of potential rehabilitation and the public would be at risk. Accordingly,…

  • Attorneys Act
  • Disciplinary Proceedings
  • Fitness To Practise
  • Failure To Keep Accounting Records
  • Fidelity Fund Certificate
  • Curatorship
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Civil Procedure [2008] ZANWHC 45

Law Society of the Northern Provinces v Maiko and Another (495/08)

Law Society of the Northern Provinces v Maiko and Another (495/08) [2008] ZANWHC 45 (20 November 2008)

The High Court struck an attorney off the roll for failing to file auditor’s reports, practising without a fidelity fund certificate, and apparent trust accounting misconduct.

  • Attorney Misconduct
  • Fit And Proper Person
  • Failure To Keep Accounting Records
  • Fidelity Fund Certificate
  • Misappropriation Of Trust Monies
  • Attorney-discipline
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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.