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South Africa decisions
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Cape Law Society v Skibbe (24730/2015) [2016] ZAWCHC 38 (4 March 2016)
The court struck an attorney from the roll after finding he misappropriated client trust funds and was no longer fit to practise.
Law Society of the Northern Provinces v Khoza (52448/14) [2014] ZAGPPHC 977 (9 December 2014)
An attorney was suspended for six months after the court found trust-account and bookkeeping breaches, but no dishonesty or intentional misappropriation.
Hlahla and Another v Law Society of the Northern Provinces and Another (3497/2009) [2011] ZANWHC 48 (25 August 2011)
The court found that the first applicant's responsibility for the contraventions stemmed from his partnership status at the relevant time, regardless of whether he personally committed acts of dishonesty. The five-year suspension imposed on the first applicant may be excessive, and there is a reasonable possibility that another court could find the period too long. The second applicant admitted to misusing trust monies, which constitutes dishonesty and demonstrates unfitness to practise as an attorney. The circumstances surrounding the second applicant's conduct, including failure to provide…
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Law Society of the Free State v Khalaki (3460/2010) [2011] ZAFSHC 25 (10 February 2011)
The court suspended an attorney for 12 months for failing to file a required trust audit report, with conditions to submit the report and restrict solo practice.
Law Society of the Northern Provinces v Letlhaka (42111/08) [2010] ZAGPPHC 640 (17 June 2010)
The respondent persistently failed to comply with statutory and professional obligations, including the submission of auditor's certificates and the maintenance of proper accounting records, and practised without a fidelity fund certificate. His conduct was found to be unprofessional, dishonourable, and unworthy. The respondent's lack of insight and contemptuous attitude towards the Law Society further demonstrated his unfitness to practise. The court held that mere suspension would not suffice, as there was no evidence of possible rehabilitation and the public interest required decisive acti…
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Law Society of the Northern Provinces v Letlhaka (42111/08) [2010] ZAGPPHC 275 (17 June 2010)
The respondent repeatedly failed to comply with statutory and professional obligations by not submitting auditor's certificates for his trust account, practising without a fidelity fund certificate, and failing to keep proper accounting records. His conduct was found to be unprofessional, dishonourable, and unworthy. The respondent's lack of insight and contemptuous attitude towards the Law Society further demonstrated his unfitness to practise. The court held that suspension would not suffice, as there was no evidence of potential rehabilitation and the public would be at risk. Accordingly,…
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