South Africa Case Law

South African Legal Practice Council v Setati (570/2022)

South African Legal Practice Council v Setati (570/2022) [2024] ZAGPPHC 207 (13 March 2024)

Court

North Gauteng High Court, Pretoria

Case number

570/2022

Judges

N Davis, J L Bhengu

The respondent breached his fiduciary duties by investing estate funds in an unlisted, dubious investment, failed to account for the funds, and depleted the estate to the prejudice of a minor beneficiary. He repeatedly practised without fidelity fund certificates and failed to maintain proper books of account, despite multiple opportunities to rectify his conduct. His persistent dishonesty, lack of transparency, and disregard for professional obligations demonstrate that he is no longer fit and proper to practise law. The protection of the public and the integrity of the profession require hi…

Source excerpt

• Legal Practitioner Striking Off
• Breach Of Fiduciary Duty
• Failure To Account
• Trust Account Mismanagement
• Legal Practice Act
• Minor Beneficiary Prejudice

Legal Practice Council v Van Dyk (90321/19)

Legal Practice Council v Van Dyk (90321/19) [2020] ZAGPPHC 624 (30 October 2020)

Court

North Gauteng High Court, Pretoria

Case number

90321/19

Judges

Van der Westhuizen, N Skibi

The High Court struck a practising attorney off the roll after trust account irregularities, non-cooperation with regulators, and abandonment of practice without notice.

• Legal Practitioner Striking Off
• Trust Account Mismanagement
• Unprofessional Conduct
• Fit And Proper Person
• Disciplinary Proceedings
• Legal-practitioner-discipline