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South Africa decisions
Decisions matching the current search
S v Rajabu (Review) (65/2025) [2025] ZAWCHC 160 (1 April 2025)
The High Court set aside a criminal trial after finding the accused was represented by a struck-off lawyer, which caused a fatal irregularity.
Macheka v Legal Practice Council Free State (4057/2023) [2024] ZAFSHC 85 (22 March 2024)
Application to readmit a struck-off attorney dismissed for failure to prove genuine reformation, continued disregard of professional rules, and unresolved trust-account misconduct.
South African Legal Practice Council v Mokhele (2433/2023) [2024] ZAFSHC 8; [2024] 2 All SA 272 (FB) (8 January 2024)
The respondent misappropriated trust monies in two separate matters, failed to account for funds, and acted dishonestly and recklessly in his dealings with clients and the Legal Practice Council. His conduct demonstrated a lack of honesty and integrity, which are essential qualities for an attorney. The respondent attempted to conceal his actions, made false statements, and failed to take responsibility, even when confronted with evidence. Repayment of the misappropriated funds did not mitigate the seriousness of his misconduct. Procedural fairness was observed, and the absence of a disciplin…
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South African Legal Practice Council and Another v Nonxuba and Others (10313/2021) [2022] ZAWCHC 105 (18 April 2022)
The court suspended an attorney pending strike-off proceedings after finding prima facie trust-account irregularities and fabricated accounting records, and appointed a curator.
Jelal v South African Legal Practice Council (2367/2019P) [2022] ZAKZPHC 3 (19 January 2022)
High Court dismisses an attorney readmission application, finding the applicant failed to prove genuine, complete and permanent reformation after serious misconduct and convictions.
South African Legal Practice Council v Mahodi (10743/2021) [2021] ZAGPPHC 826 (2 December 2021)
The High Court suspended an attorney for two years after finding serious trust-account misconduct, a significant trust deficit, and failure to account properly for client funds.
Melato v South African Legal Practice Council (3380/2020) [2021] ZAFSHC 364 (18 February 2021)
The High Court dismissed a review challenging the Legal Practice Council’s decision to launch suspension or striking-off proceedings against an attorney.
South African Legal Practice Council v Mamorobela and Another (40561/2018) [2019] ZAGPPHC 226 (15 May 2019)
The High Court removed an attorney from the roll for misconduct, including trust account misuse, unpaid fees, and failure to file audit reports.
Algemene Balieraad van Suid-Afrika v Nel (929/03) [2004] ZANCHC 24 (23 August 2004)
The court found that exceptional circumstances existed justifying the exercise of its discretion to order discovery under Rule 35(13) prior to the filing of the applicant's replying affidavit. The documents sought were relevant to the main application and under the exclusive control of the respondent. The applicant had established sufficient authority to bring the application, both orally and in writing, and the respondent's objections regarding locus standi and privilege were addressed by excluding privileged documents from the order. The court held that requiring the applicant to proceed un…
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