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South Africa decisions
Decisions matching the current search
South African Legal Practice Council v Swartz (15857/2023) [2025] ZAWCHC 60 (21 February 2025)
The High Court held the Legal Practice Council was not bound by its disciplinary committee and granted a wholly suspended three-year suspension, not strike-off.
South African Legal Practice Council v Myburgh (4394/2023) [2024] ZAFSHC 149 (20 May 2024)
The High Court struck an attorney off the roll after finding misappropriation of trust funds, misleading the Council under oath, and failure to obtain a Fidelity Fund Certificate.
Legal Practice Council v Mkhize (13881/2021; 13204/2022) [2023] ZAGPPHC 1144; 2024 (1) SA 189 (GP) (8 September 2023)
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…
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Swuhana v National Credit Regulator (NCT/253200/2022/59(1)) [2023] ZANCT 60 (30 July 2023)
The Tribunal reviewed and set aside the NCR’s decision to hold a debt counsellor registration application in abeyance, but refused to order immediate registration.
Fernandes v Niel N.O. and Others (8923/2021) [2022] ZAGPPHC 493 (15 July 2022)
The court found that the Applicant failed to demonstrate actual bias or a reasonable apprehension of bias on the part of the First Respondent. The use of terms such as 'suspicions' and 'money laundering' by the First Respondent was contextual and did not indicate a foregone conclusion or partiality. The First Respondent withdrew the term 'money laundering' and explained its use, which the court found satisfactory. The Applicant and his attorney did not object to the summons or the proceedings until after substantive questioning had commenced, missing opportunities to challenge the process. Th…
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South African Legal Practice Council v Thobane (87/2020) [2021] ZAMPMHC 41 (14 May 2021)
The High Court suspended an attorney for repeated non-compliance with audit, fidelity fund, fee, and client-accounting duties, with further restrictions on practice.
Law Society of the Northern Provinces v Mphela (2018/61533) [2019] ZAGPPHC 609 (12 November 2019)
The High Court struck an attorney off the roll after finding a large trust deficit, poor accounting records, and conduct showing he was not fit to practise.
Posthumus and Another v Master of the High Court, Johannesburg and Others (30268/2018) [2019] ZAGPJHC 424 (25 June 2019)
The High Court held that the Master had to consider both the nominated son and the surviving spouse as potential executors in the deceased estate.
Law Society of Northern Provinces v Mashaba and Others (23258/2018) [2019] ZAGPPHC 123 (4 April 2019)
The court struck an attorney from the roll after finding he submitted fictitious invoices and misappropriated funds, making him unfit to practise.
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