Law Society of the Northern Provinces v Niehaus (4143/2000) [2019] ZAGPPHC 140 (10 May 2019)
Court
North Gauteng High Court, Pretoria
Case number
4143/2000
Judges
Janse Van Nieuwenhuizen, T.M. Maumela
The High Court struck an attorney from the roll after finding he misappropriated trust funds, handled client money dishonestly, and issued irregular guarantees.
Law Society, Northern Provinces v Thirion (71294/2014) [2015] ZAGPPHC 204 (16 April 2015)
Court
North Gauteng High Court, Pretoria
Case number
71294/2014
Judges
E M Kubushi, S Potterill
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.
Law Society of the Cape of Good Hope v Schoeman (15586/13) [2014] ZAWCHC 110 (29 July 2014)
Court
Western Cape High Court, Cape Town
Case number
15586/13
Judges
Ndita, Fourie
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…
Kwa-Zulu Natal Law Society v Van Rooyen (11576/07) [2009] ZAKZPHC 1 (3 March 2009)
Court
Kwazulu-Natal High Court, Pietermaritzburg
Case number
11576/07
Judges
Van Heerden, Van ZĂżl
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.
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)
Court
Supreme Court of Appeal
Case number
557/2007
Judges
Scott, Farlam, Ponnan, Combrinck, Leach
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…