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South Africa decisions
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South African Legal Practice Council v Beukman (17538/24) [2025] ZAWCHC 284 (11 July 2025)
The High Court struck a legal practitioner from the roll for misappropriating trust funds, concealing a refund, breaching a settlement, and failing to repay the client.
South African Legal Practice Council v Mashele (2024/103400) [2025] ZAGPPHC 577 (23 May 2025)
The High Court struck attorney Victor Mdungasi Mashele from the roll after finding he misappropriated client trust funds and failed to account for them.
South African Legal Practice Council v Mampana (3638/2023) [2025] ZALMPPHC 61 (26 March 2025)
The High Court dismissed an application to strike an attorney from the roll and a counter-application to review disciplinary findings, citing procedural defects and insufficient factual detail.
South African Legal Practice Council v De La Hunt and Another (35120/2022; 35119/2022) [2025] ZAGPPHC 203 (5 March 2025)
The High Court uplifted the suspension of two attorneys after misconduct over fidelity fund certificates and auditor reports, but barred them from practice on own account.
Moodley v KwaZulu-Natal Legal Practice Council and Another (16857/23) [2025] ZAKZPHC 13 (14 February 2025)
The applicant failed to make full and frank disclosure regarding the misappropriation of trust funds and did not demonstrate genuine remorse or contrition. His minimal repayments to the Fidelity Fund, despite overseas travel and employment, reflect a lack of commitment to repairing the harm caused. The applicant did not identify or appreciate the defect of character that led to his removal, nor did he show evidence of complete and permanent reformation. His opposition to the striking off application relied on technical defences rather than addressing the core moral issues. The applicant's con…
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Segwana N.O v South African Board for Sheriffs (2025/001285) [2025] ZAGPPHC 50 (22 January 2025)
The applicant was not entitled to a Fidelity Fund Certificate as he had previously been found guilty of misconduct involving dishonesty and breach of trust, rendering him unfit to hold office as sheriff under the relevant statutory provisions. Both the applicant and his attorney were aware of the ongoing disciplinary process and the reasons for the refusal, yet they presented false information to the court and attempted to mislead it regarding the applicant's eligibility and the status of his certificate. The court held that it was not empowered to compel the respondent to issue the certifica…
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Siyabonga Gugulethu Galela (Ex parte application) (1294/2023) [2024] ZASCA 176 (13 December 2024)
The Supreme Court of Appeal upheld an appeal against refusal of admission, finding the applicant’s omissions were not intended to deceive and could be condoned.
South African Legal Practice Council v Koma (2023/023597) [2024] ZAGPPHC 1171 (5 November 2024)
The High Court struck an advocate from the roll for taking direct instructions and client money without authority, failing to account, and showing unfitness to practise.
Mpumalanga Society of Advocates and Another v Judicial Service Commission and Others (2021/55663) [2024] ZAGPJHC 1267 (26 August 2024)
The court found that the JSC was aware of and considered all material allegations regarding the candidate's financial conduct and professional character. The late adverse comments submitted by the applicant were substantially the same as those already before the JSC, and the JSC applied its mind to these issues. The candidate's explanation for his financial difficulties and debts was accepted, and there was no evidence of intentional non-disclosure or unethical conduct. The criticisms of the candidate's professional character were largely unsubstantiated opinions, and the JSC had the benefit…
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South African Legal Practice Council v Berkowitz and Another (35116/2022) [2024] ZAGPPHC 836 (15 August 2024)
The court held that the LPC was entitled, under its common law authority and section 44 of the Legal Practice Act, to approach the High Court for disciplinary relief without first concluding its own disciplinary hearing. The charges against Berkowitz—practicing for own account without a Fidelity Fund certificate for multiple periods, failing to submit auditor's reports, failing to pay membership fees, failing to cooperate with the LPC and the court, and wilful non-compliance with court orders—were proven on the papers. Berkowitz failed to place a proper version before the court, refused to fi…
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