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South Africa Case Law

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Commercial And Corporate [2019] ZAGPPHC 140

Law Society of the Northern Provinces v Niehaus (4143/2000)

Law Society of the Northern Provinces v Niehaus (4143/2000) [2019] ZAGPPHC 140 (10 May 2019)

The High Court struck an attorney from the roll after finding he misappropriated trust funds, handled client money dishonestly, and issued irregular guarantees.

  • Attorneys Act
  • Misappropriation Of Trust Funds
  • Professional Misconduct
  • Fitness To Practice
  • Fraud
  • Sanction For Attorneys
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Civil Procedure [2015] ZAGPPHC 204

Law Society, Northern Provinces v Thirion (71294/2014)

Law Society, Northern Provinces v Thirion (71294/2014) [2015] ZAGPPHC 204 (16 April 2015)

The High Court suspended an attorney from practice after finding repeated administrative failures, including missing reports, lack of a Fidelity Fund certificate, and poor practice closure.

  • Attorney Misconduct
  • Fitness To Practice
  • Suspension Of Attorney
  • Fidelity Fund Certificate
  • Professional Conduct
  • Attorney-misconduct
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Commercial And Corporate [2014] ZAWCHC 110

Law Society of the Cape of Good Hope v Schoeman (15586/13)

Law Society of the Cape of Good Hope v Schoeman (15586/13) [2014] ZAWCHC 110 (29 July 2014)

The court found that the respondent's conduct in transferring trust funds to his personal accounts constituted misappropriation, regardless of his intention to repay the amounts. Such conduct is a serious breach of the standards expected of attorneys and undermines public trust in the profession. However, the court accepted that the respondent's actions were influenced by severe emotional distress and psychiatric illness, and that he had repaid all misappropriated funds, had no prior disciplinary record, and expressed genuine remorse. These exceptional circumstances justified a sanction less…

  • Attorneys Act Section 22
  • Misappropriation Of Trust Funds
  • Professional Misconduct
  • Disciplinary Sanctions
  • Fitness To Practice
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Commercial And Corporate [2009] ZAKZPHC 1

Kwa-Zulu Natal Law Society v Van Rooyen (11576/07)

Kwa-Zulu Natal Law Society v Van Rooyen (11576/07) [2009] ZAKZPHC 1 (3 March 2009)

The High Court considered whether an attorney who submitted duplicate Legal Aid Board travel claims should be struck off or suspended, and imposed a conditional suspension and fine.

  • Attorneys Act
  • Professional Misconduct
  • Fitness To Practice
  • Disciplinary Sanctions
  • Fraud
  • Bookkeeping Requirements
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Civil Procedure [2008] ZASCA 91

Van Eeden and Another v Prokureursorde van die Noordelike Provinsies and Another (557/2007)

Van Eeden and Another v Prokureursorde van die Noordelike Provinsies and Another (557/2007) [2008] ZASCA 91; [2009] 1 All SA 477 (SCA) (12 September 2008)

The Supreme Court of Appeal held that the appellant failed to discharge the burden of proving that he was a fit and proper person to be re-admitted as an attorney. The court found that the probabilities overwhelmingly indicated that the appellant, with the assistance of his father, was responsible for the disappearance of the firm's accounting records, which was intended to frustrate the investigation into trust account shortages. The appellant's explanations regarding the missing records were inconsistent and unconvincing, and his conduct in forcibly entering the offices and attempting to re…

  • Attorneys Act Section 15
  • Re Admission Of Attorneys
  • Trust Account Shortage
  • Fitness To Practice
  • Burden Of Proof
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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.