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South Africa Case Law

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Administrative Law [2022] ZALMPPHC 70

South African Legal Practice Council v Mphanama (9875/2022)

South African Legal Practice Council v Mphanama (9875/2022) [2022] ZALMPPHC 70 (13 December 2022)

The High Court suspended an advocate from practice for six months, wholly suspended for 12 months, after a fraud conviction and related dishonesty findings.

  • Legal Practitioner Removal
  • Fit And Proper Person
  • Disciplinary Proceedings
  • Legal Practice Act
  • Fraud Conviction
  • Legal-practitioner-discipline
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Commercial And Corporate [2022] ZAECMKHC 87

Eastern Cape Provincial Council of the South African Legal Practice Council v Mfundisi (3630/2021)

Eastern Cape Provincial Council of the South African Legal Practice Council v Mfundisi (3630/2021) [2022] ZAECMKHC 87; [2023] 1 All SA 90 (ECG) (20 October 2022)

The court struck an attorney from the roll after a final fraud conviction, holding that the High Court—not the disciplinary committee—decides the proper sanction.

  • Legal Practitioners Discipline
  • Striking Off Roll
  • Fraud Conviction
  • Fit And Proper Person
  • Legal Practice Act
  • Professional Misconduct
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Civil Procedure [2019] ZAGPPHC 310

Ex Parte: Gawula (31371/2019)

Ex Parte: Gawula (31371/2019) [2019] ZAGPPHC 310 (4 July 2019)

Application for admission as a legal practitioner was postponed because the applicant, previously convicted of fraud, had not given full disclosure or sufficient primary evidence.

  • Legal Practitioner Admission
  • Fit And Proper Person
  • Fraud Conviction
  • Legal Practice Act
  • Professional Ethics
  • Legal-practitioner-admission
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Criminal Law [2014] ZAGPPHC 488

Du Plessis v S (A451/2009)

Du Plessis v S (A451/2009) [2014] ZAGPPHC 488 (21 May 2014)

The High Court dismissed Maria Goretti Du Plessis’s application for leave to appeal against her fraud conviction, finding no material misdirection or reasonable prospect of a different result.

  • Leave To Appeal Test
  • Factual Misdirection
  • Fraud Conviction
  • Superior Courts Act
  • Burden Of Proof
  • Leave-to-appeal
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Criminal Law [2012] ZAFSHC 33

S v Lethoko (P38/12)

S v Lethoko (P38/12) [2012] ZAFSHC 33 (1 March 2012)

The High Court struck a petition for leave to appeal from the roll after finding the activated suspended sentence already ran concurrently with the later sentence.

  • Suspended Sentence Activation
  • Leave To Appeal
  • Concurrent Sentences
  • Fraud Conviction
  • Suspended-sentence-activation
  • Leave-to-appeal
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Constitutional Law [2001] ZACC 1

S v Price (CCT23/01)

S v Price (CCT23/01) [2001] ZACC 1; 2001 (11) BCLR 1193 (4 September 2001)

The Constitutional Court refused special leave to appeal in a fraud case, holding that the evidence was overwhelming and the silence issue need not be decided.

  • Right To Silence
  • Adverse Inference
  • Leave To Appeal
  • Fraud Conviction
  • Right-to-silence
  • Leave-to-appeal
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