South Africa Case Law

South African Legal Practice Council v Mampana (3638/2023)

South African Legal Practice Council v Mampana (3638/2023) [2025] ZALMPPHC 61 (26 March 2025)

Court

Limpopo High Court, Polokwane

Case number

3638/2023

Judges

Bresler, Pillay

The High Court dismissed an application to strike an attorney from the roll and a counter-application to review disciplinary findings, citing procedural defects and insufficient factual detail.

• Legal Practitioners Conduct
• Disciplinary Proceedings
• Fit And Proper Person
• Review Of Administrative Decisions
• Attorney-discipline
• Strike-off-applications

Williams-Pretorius v Legal Practice Council Gauteng Provincial Office and Others (2023/097266; 2023/097113)

Williams-Pretorius v Legal Practice Council Gauteng Provincial Office and Others (2023/097266; 2023/097113) [2025] ZAGPJHC 253 (10 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2023/097266; 2023/097113

Judge

JM Berger

The investigating committee failed to conduct any investigation into the complaint against Ms de Jager, instead dismissing it solely on the basis of written submissions and irrelevant considerations, such as the applicant's history of complaints. This constitutes a material error of law and a failure to comply with the statutory and regulatory requirements for investigation. The committee's decision is therefore reviewable and must be set aside. In the case of Mr Malherbe, the LPC's decision to await the outcome of an auditor's investigation into his fitness to practice was rational and did n…

Source excerpt

• Legal Practitioners Conduct
• Investigating Committee Powers
• Promotion Of Administrative Justice Act
• Review Of Administrative Action

South African Legal Practice Council v Louw (2023/068293)

South African Legal Practice Council v Louw (2023/068293) [2024] ZAGPJHC 1114; [2025] 1 All SA 744 (GJ) (1 November 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023/068293

Judges

S D J Wilson, Sutherland

Leave to appeal was dismissed in a striking-off matter involving attorneys, because the papers did not contain enough facts for a full and fair inquiry.

• Striking Off Attorneys
• Disciplinary Inquiry
• Legal Practitioners Conduct
• Leave To Appeal
• Costs Award
• Attorneys-striking-off

South African Legal Practice Council v Molati and Another (2023-038247)

South African Legal Practice Council v Molati and Another (2023-038247) [2023] ZAGPPHC 578 (9 June 2023)

Court

North Gauteng High Court, Pretoria

Case number

2023-038247

Judge

Janse Van Nieuwenhuizen

The High Court suspended an attorney pending removal proceedings after findings of practising without a Fidelity Fund Certificate, trust account misappropriation, and contempt.

• Legal Practitioners Conduct
• Fidelity Fund Certificate
• Misappropriation Of Trust Money
• Contempt Of Court
• Legal-practitioner-discipline
• Fidelity-fund-certificate

Groundup News NPC and Others v South African Legal Practice Council and Others (20150/2021)

Groundup News NPC and Others v South African Legal Practice Council and Others (20150/2021) [2023] ZAGPJHC 559; 2023 (4) SA 617 (GJ) (24 May 2023)

Court

South Gauteng High Court, Johannesburg

Case number

20150/2021

Judge

S Yacoob

High Court review of the Legal Practice Council’s dismissal of a misconduct complaint. The court held the LPC had to investigate and set the dismissal aside.

• Promotion Of Administrative Justice Act
• Legal Practitioners Conduct
• Review Of Administrative Action
• Public Interest Regulation
• Administrative-law
• Judicial-review

South African Legal Practice Council v Mabuse

South African Legal Practice Council v Mabuse [2023] ZAGPPHC 154; 053185/2022 (1 March 2023)

Court

North Gauteng High Court, Pretoria

Case number

053185/2022

Judges

Swanepoel, Greyvenstein

The High Court suspended a legal practitioner pending investigation after finding a prima facie case of trust-account irregularities, overreaching, and non-cooperation with the LPC.

• Legal Practitioners Conduct
• Trust Account Deficit
• Overreaching Fees
• Disciplinary Proceedings
• Non Cooperation With Investigation
• Legal-practitioners-conduct

Legal Practice Council v Fourie (5806/2022)

Legal Practice Council v Fourie (5806/2022) [2023] ZAFSHC 43 (10 February 2023)

Court

Free State High Court, Bloemfontein

Case number

5806/2022

Judges

Boonzaaier, Mbhele

The respondent failed to submit unqualified audit reports for multiple years, practised without a Fidelity Fund certificate, and neglected to pay mandatory membership fees, despite repeated reminders. She did not oppose the application and admitted to ceasing practice. The court found that these breaches constitute professional misconduct and that the respondent is not a fit and proper person to practise as an attorney. However, as the infractions did not involve dishonesty, suspension rather than striking off is appropriate. The suspension is subject to compliance with the Legal Practice Act…

Source excerpt

• Legal Practitioners Conduct
• Fidelity Fund Certificate
• Audit Report Noncompliance
• Suspension Of Attorney
• Curatorship Of Trust Accounts

Legal Practice Council v Spies (55628/20)

Legal Practice Council v Spies (55628/20) [2022] ZAGPPHC 694 (16 September 2022)

Court

North Gauteng High Court, Pretoria

Case number

55628/20

Judges

Mpofu, JS Nyathi

The High Court removed an attorney from the roll after repeated audit, fidelity fund, membership, and disciplinary non-compliance, with no opposition or explanation.

• Legal Practitioners Conduct
• Removal From Roll
• Disciplinary Proceedings
• Fidelity Fund Certificate
• Audit Report Noncompliance
• Attorney-discipline

Mucavele v Health MEC Mpumalanga (3352/2016)

Mucavele v Health MEC Mpumalanga (3352/2016) [2022] ZAMPMBHC 32; 2023 (3) SA 173 (MM) (17 March 2022)

Court

Mbombela High Court, Mpumalanga

Case number

3352/2016

Judge

Legodi JP

The court found that the fee agreement between the plaintiff and her attorneys, whereby fees and disbursements were to be paid only upon successful conclusion of the litigation and from the capital amount recovered, constitutes a contingency fee agreement under the Contingency Fees Act. The agreement was illegal for non-compliance with the Act, as no proper contingency fee agreement was concluded and no written cost estimate was provided as required by the Legal Practice Act. The court declined to make the draft order an order of court due to the illegality of the fee agreement and the premat…

Source excerpt

• Contingency Fee Agreements
• Legal Practitioners Conduct
• Medical Negligence
• Settlement Agreements
• Costs Taxation
• Trusts For Minors

South African Legal Practice Council v Thobane (87/2020)

South African Legal Practice Council v Thobane (87/2020) [2021] ZAMPMHC 41 (14 May 2021)

Court

Middelburg High Court, Mpumalanga

Case number

87/2020

Judges

Greyling-Coetzer, Opperman

The High Court suspended an attorney for repeated non-compliance with audit, fidelity fund, fee, and client-accounting duties, with further restrictions on practice.

• Legal Practitioners Conduct
• Fit And Proper Test
• Fidelity Fund Certificate
• Auditor Reports
• Client Accounting
• Disciplinary Sanctions