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South Africa decisions
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South African Legal Practice Council v Mokoena and Another (49286/2020) [2024] ZAGPPHC 617 (13 June 2024)
The High Court struck an attorney from the roll after finding repeated client neglect, practising without a fidelity fund certificate, and persistent non-cooperation.
South African Legal Practice Council v Teffo (10991/2021) [2023] ZAGPPHC 1794 (13 October 2023)
The court found Mr Teffo in contempt of a prior strike-off order for continuing to act as an advocate and failing to comply with its terms.
South African Legal Practice Council v Dladla (5849/21) [2022] ZAGPPHC 920 (22 November 2022)
The respondent's conduct in practising without a fidelity fund certificate, failing to submit audit reports timeously, and neglecting to pay membership fees constitutes serious breaches of the Legal Practice Act and professional standards. His failure to respond to Council correspondence and address complaints demonstrates a lack of insight and disregard for regulatory obligations. While the respondent has subsequently complied with some requirements and expressed remorse, these actions do not fully mitigate the seriousness of his transgressions. The court finds that suspension, rather than s…
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Mavudzi and Another v Majola and Others (49039/2021) [2022] ZAGPJHC 575; 2022 (6) SA 420 (GJ) (10 August 2022)
The application to strike Adv Majola off the roll of advocates was dismissed on two principal grounds. First, the factual foundation relied upon by the applicants was unsound; the judgment of Gilbert AJ did not constitute a finding of professional misconduct but was made contingently for the purposes of deciding res judicata. The remarks were not intended as definitive findings of dishonesty and did not provide a proper basis for disciplinary action. Second, the applicants, as laymen, lacked standing to bring a striking off application directly to the High Court under section 44(2) of the Leg…
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South African Legal Practice Council v Mametja (16829/2020) [2021] ZAGPPHC 862 (17 December 2021)
The court struck an attorney from the roll for failing to account for trust funds, practicing without a Fidelity Fund Certificate, and ignoring regulatory oversight.
KwaZulu-Natal Law Society v Khan and Others (10205/18P) [2021] ZAKZPHC 61 (3 September 2021)
The court discharged a rule nisi in an attorney-discipline case, finding the Law Society had not proved misappropriation of trust funds and had acted without proper authorisation.
South African Legal Practice Council v Singh (26408/2021) [2021] ZAGPPHC 552 (18 August 2021)
The High Court suspended an attorney pending a striking-off inquiry after finding serious trust-account shortages, no Fidelity Fund Certificate, and non-cooperation with the Legal Practice Council.
South African Legal Practice Council v Chalom (18445/2020) [2020] ZAGPPHC 663 (26 November 2020)
The respondent repeatedly failed to comply with statutory and regulatory obligations, including submission of auditor's reports and payment of membership fees, and practised without a fidelity fund certificate in contravention of the Legal Practice Act and LPC Rules. He displayed persistent contempt for the regulatory body and judiciary, made unfounded and offensive allegations, and refused to submit to lawful regulation. The respondent did not dispute the factual basis of the allegations and showed no remorse or intention to comply. The court found that his conduct is wholly incompatible wit…
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South African Legal Practice Council v Louw (58534/2019) [2020] ZAGPPHC 708 (17 November 2020)
The court struck an attorney from the roll after finding repeated failures to submit audit reports, unlawful practice without a fidelity fund certificate, and misappropriation of trust funds.
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