South Africa Case Law

Limpopo Provincial Council of the South African Legal Practice Council v Van Eeden (264/2023)

Limpopo Provincial Council of the South African Legal Practice Council v Van Eeden (264/2023) [2025] ZALMPPHC 143 (28 July 2025)

Court

Limpopo High Court, Polokwane

Case number

264/2023

Judges

Chauke FR, Mashamba E

The High Court suspended an advocate for 18 months after finding he misappropriated trust funds, ordered curatorship over his trust accounts, and awarded attorney-and-client costs.

• Legal Practitioner Misconduct
• Misappropriation Of Trust Funds
• Suspension From Practice
• Curatorship Of Trust Accounts
• Costs On Attorney And Client Scale
• Legal-practitioner-misconduct

South African Legal Practice Council v Beukman (17538/24)

South African Legal Practice Council v Beukman (17538/24) [2025] ZAWCHC 284 (11 July 2025)

Court

Western Cape High Court, Cape Town

Case number

17538/24

Judges

Slingers, Mayosi

The High Court struck a legal practitioner from the roll for misappropriating trust funds, concealing a refund, breaching a settlement, and failing to repay the client.

• Legal Practitioner Misconduct
• Misappropriation Of Trust Funds
• Fit And Proper Person
• Disciplinary Proceedings
• Code Of Conduct
• Settlement Agreement Breach

South African Legal Practice Council v Selota (43012/2018)

South African Legal Practice Council v Selota (43012/2018) [2025] ZAGPPHC 475 (15 May 2025)

Court

North Gauteng High Court, Pretoria

Case number

43012/2018

Judges

Davis, Khumalo

The court found that the respondent committed repeated and serious breaches of professional duties, including practicing without a Fidelity Fund certificate, maintaining trust account deficits, failing to keep proper accounting records, overreaching clients under contingency fee agreements, touting, and failing to account or pay clients timeously. The respondent's explanations were evasive, lacked credibility, and demonstrated a pattern of dishonesty and lack of insight. The cumulative effect of these transgressions rendered the respondent no longer fit and proper to practice law. The court h…

Source excerpt

• Legal Practitioner Misconduct
• Trust Account Deficits
• Contingency Fee Act Breaches
• Overreaching
• Failure To Account
• Striking Off Application

South African Legal Practice Council v Dube (23500/2020)

South African Legal Practice Council v Dube (23500/2020) [2025] ZAGPPHC 365 (15 April 2025)

Court

North Gauteng High Court, Pretoria

Case number

23500/2020

Judges

N Davis, M Lenyai

The High Court struck an attorney from the roll for repeated misconduct, including failure to account, overreaching, client fund abuse, and practicing without a Fidelity Fund certificate.

• Legal Practitioner Misconduct
• Striking Off Application
• Failure To Account
• Overreaching
• Fidelity Fund Certificate
• Client Funds Misappropriation

Mokoena and Another v South African Legal Practice Council (49286/2020)

Mokoena and Another v South African Legal Practice Council (49286/2020) [2025] ZAGPPHC 236 (4 March 2025)

Court

North Gauteng High Court, Pretoria

Case number

49286/2020

Judges

Brand, Mbongwe

The High Court condoned late filing of a leave-to-appeal application, but dismissed it because the applicant showed no reasonable prospects of success.

• Leave To Appeal
• Condonation Of Late Filing
• Striking Off Roll
• Legal Practitioner Misconduct
• Leave-to-appeal
• Condonation

South African Legal Practice Council v Swartz (15857/2023)

South African Legal Practice Council v Swartz (15857/2023) [2025] ZAWCHC 60 (21 February 2025)

Court

Western Cape High Court, Cape Town

Case number

15857/2023

Judges

Lekhuleleni, Sher

The High Court held the Legal Practice Council was not bound by its disciplinary committee and granted a wholly suspended three-year suspension, not strike-off.

• Legal Practitioner Misconduct
• Fit And Proper Test
• Disciplinary Committee Powers
• Legal Practice Act
• Dishonesty
• Sanctions For Professional Misconduct

South African Legal Practice Council v Manamela (2349/2022)

South African Legal Practice Council v Manamela (2349/2022) [2024] ZAGPPHC 1057 (22 October 2024)

Court

North Gauteng High Court, Pretoria

Case number

2349/2022

Judges

Kumalo, Myburgh

The High Court struck an attorney off the roll for misuse of trust funds, failure to comply with FICA and audit obligations, and conduct linked to a property fraud scheme.

• Legal Practitioner Misconduct
• Misappropriation Of Trust Funds
• Fiduciary Duties
• Failure To Comply With Fica
• Lack Of Fidelity Fund Certificate
• Attorney-misconduct

South African Legal Practice Council v Mkhabela (455589-2023)

South African Legal Practice Council v Mkhabela (455589-2023) [2024] ZAGPPHC 629 (20 June 2024)

Court

North Gauteng High Court, Pretoria

Case number

455589-2023

Judges

Matthys, Mooki

The High Court struck an attorney off the roll for practising without a Fidelity Fund Certificate, misappropriating trust funds, and manipulating records.

• Legal Practitioner Misconduct
• Striking Off
• Trust Account Irregularities
• Fidelity Fund Certificate
• Dishonesty
• Legal Practice Act

South African Legal Practice Council v Myburgh (4394/2023)

South African Legal Practice Council v Myburgh (4394/2023) [2024] ZAFSHC 149 (20 May 2024)

Court

Free State High Court, Bloemfontein

Case number

4394/2023

Judges

Vanzyl, Majosi

The High Court struck an attorney off the roll after finding misappropriation of trust funds, misleading the Council under oath, and failure to obtain a Fidelity Fund Certificate.

• Legal Practitioner Misconduct
• Misappropriation Of Trust Funds
• Fit And Proper Test
• Disciplinary Proceedings
• Fidelity Fund Certificate
• Legal-practitioner-misconduct

Legal Practice Council v Rubushe (1004/2022)

Legal Practice Council v Rubushe (1004/2022) [2023] ZASCA 167 (1 December 2023)

Court

Supreme Court of Appeal

Case number

1004/2022

Judges

Petse, Mbatha, Musi, Binns-Ward, Kathree-Setiloane

The Supreme Court of Appeal found that Mr Rubushe engaged in serious misconduct involving dishonesty, including entering into a contingency fee agreement contrary to the Contingency Fees Act, attempting to overreach his client, submitting fraudulent bills of costs, and withholding client funds. The High Court correctly found him not fit and proper to remain on the roll, but materially misdirected itself by imposing suspension rather than striking off. The Court held that dishonesty by a legal practitioner generally requires striking off unless exceptional circumstances exist, which were absen…

Source excerpt

• Legal Practitioner Misconduct
• Striking Off Roll
• Contingency Fee Agreements
• Dishonesty
• Fit And Proper Person
• Disciplinary Proceedings