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South Africa decisions
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Metene and Another v Legal Practitioners Fidelity Fund SA and Others (11124/2023) [2024] ZALMPPHC 186 (13 November 2024)
The High Court struck an urgent application from the roll, finding the claimed urgency was self-created and not enough to bypass ordinary procedure.
Legal Practice Counsel of South Africa v Mashaba and Another [2023] ZAGPPHC 157; 88175/2018 (27 February 2023)
The court found that the applicant proved, on a balance of probabilities, that the first respondent mismanaged and abused his trust account, breached multiple professional rules, and failed to provide credible explanations for serious discrepancies in trust account records and bank statements. The respondent's conduct, including dishonesty, lack of accountability, and persistent client complaints, demonstrated that he is not a fit and proper person to practise as an attorney. The degree of misconduct, especially the falsification of bank statements and misappropriation of trust funds, warrant…
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Bulk Brick Supplies Property (Pty) Ltd v South African Board for Sheriffs (3249/2021) [2022] ZAECMKHC 104 (22 November 2022)
The High Court reviewed and set aside the Board for Sheriffs’ repudiation of a fidelity fund claim, finding the claim timeous and the decision irrational.
Jordaan N.O and Others v Azar & Havenga Inc. and Others (4956/2019) [2022] ZAFSHC 320 (17 November 2022)
The High Court dismissed a trust’s claim that attorneys failed to pay over Fidelity Fund money, finding the trust’s claim had been repudiated and not paid out.
Leysath v Legal Practitioners' Fidelity Fund Board of Control (770/2021) [2022] ZASCA 115 (28 July 2022)
The appellant failed to discharge the onus of proving that clients paid specified sums to Costa Attorneys as cover for his fees. The evidence relied upon was hearsay, lacking confirmatory affidavits from the clients, and was of doubtful probative value. The court found that the appellant did not establish the necessary factual foundation for reimbursement under section 26 of the Attorneys Act. Without sufficient proof of entrustment, the claim could not succeed. The court further held that the interests of justice did not warrant admission of the hearsay evidence, and that the respondent woul…
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Rodel Financial Services (Pty) Ltd v Legal Practitioners Fidelity Fund (42693/2019) [2020] ZAGPJHC 238 (7 October 2020)
The High Court dismissed a Fidelity Fund claim because the applicant had not shown reasonable efforts to recover stolen trust money from the attorney first.
Law Society of the Northern Provinces v Cowling and Another (69300/13) [2016] ZAGPPHC 711 (16 August 2016)
The High Court struck off two attorneys for serious trust-account misconduct, including a large trust deficit, inadequate accounting records, and multiple Fidelity Fund claims.
Law Society of the Northern Provinces v Jiyane (32887/2010) [2015] ZAGPPHC 854 (20 October 2015)
The court struck an attorney off the roll after finding repeated trust-account breaches, poor client service, failure to account, and unsupported explanations.
Probest Projects (Pty) Ltd v Attorneys Notaries And Conveyancers Fidelity Guarantee Fund (A21/14) [2014] ZAWCHC 119 (15 August 2014)
The court found that the appellant had actual knowledge of the theft of its funds by 23 July 2009, as evidenced by the conduct of its directors and the involvement of attorneys in preparing acknowledgment of debt and suretyship agreements. The appellant's actions indicated awareness of the misappropriation, and the subsequent delay in lodging the claim was due to attempts to resolve the matter privately. The statutory requirement under section 48(1)(a) was not met, as notice was only given on 20 November 2009, outside the three-month period. The appeal was therefore dismissed, and the decisio…
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Suliman and Others v Estate Agency Affairs Board and Others (15155/2005) [2010] ZAGPPHC 564 (11 February 2010)
The High Court held that the plaintiffs had exhausted available remedies and could recover losses from the Estate Agency Affairs Board under the Fidelity Fund.
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