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South Africa decisions
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Williams-Pretorius v Legal Practice Council, Western Cape and Another (21929/2023) [2025] ZAWCHC 256 (20 June 2025)
Review of LPC dismissal of a misconduct complaint failed for delay, failure to exhaust internal appeal, and no reviewable irregularity.
Clinton v Limpopo Provincial Legal Council (2659/2020) [2025] ZALMPPHC 99 (15 May 2025)
The court found that the applicant failed to establish any legal basis for review or setting aside of the respondent's decision. The appointment of Mr. Reddy as investigator was lawful under Rule 50 of the Legal Practice Council Rules, which allows the Board to appoint any qualified person for inspection of accounting records. The applicant's reliance on Rule 38.4 was misplaced, as it pertains to investigation committees, not inspections of trust accounts. The respondent's resolution to suspend the applicant and refer the matter to court did not constitute administrative action under PAJA, as…
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Potelwa v South African Legal Practice Council and Others (5029/2024) [2025] ZAWCHC 188 (2 May 2025)
The court found that the Disciplinary Committee of the LPC acted irregularly by determining both guilt and sanction at the same hearing without notifying the applicant of her right to present evidence and argument in mitigation. This procedural irregularity violated the applicant's rights under PAJA and section 34 of the Constitution. The DC's failure to inform the applicant of her right to appeal and to present mitigation before imposing sanctions deprived her of a material right. The court held that the sanctions imposed on 13 December 2023 must be set aside and referred back to a newly con…
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South African Legal Practice Council v Rencken (Reasons) (24020/2024) [2025] ZAWCHC 71 (14 February 2025)
The High Court refused to suspend an attorney pending discipline, finding no prima facie case of intentional misappropriation and no immediate public-risk basis.
South African Legal Practical Council v Louw and Others (2023/068293) [2024] ZAGPJHC 959; 2025 (1) SA 447 (GJ) (30 September 2024)
The High Court dismissed the LPC’s striking-off application, holding that a disciplinary inquiry was needed because the facts and individual culpability were not adequately established.
South African Legal Practice Council v Berkowitz and Another (35116/2022) [2024] ZAGPPHC 836 (15 August 2024)
The court held that the LPC was entitled, under its common law authority and section 44 of the Legal Practice Act, to approach the High Court for disciplinary relief without first concluding its own disciplinary hearing. The charges against Berkowitz—practicing for own account without a Fidelity Fund certificate for multiple periods, failing to submit auditor's reports, failing to pay membership fees, failing to cooperate with the LPC and the court, and wilful non-compliance with court orders—were proven on the papers. Berkowitz failed to place a proper version before the court, refused to fi…
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South African Legal Practice Council v Mabena and Another (B306/2023) [2024] ZAGPPHC 593 (13 May 2024)
The court struck an attorney from the roll after finding he misused trust funds in fraudulent property transactions, failed to keep records, and did not cooperate with a curator.
Legal Practice Council (KwaZulu-Natal Provincial Office) v Rajkoomar and Another (5603/19P) [2023] ZAKZPHC 60 (9 June 2023)
High Court disciplinary matter against an attorney referred to oral evidence on disputed trust-account and accounting issues; costs reserved.
Mokhele and Another v South African Legal Practice Council (5511/2022) [2023] ZAFSHC 94 (27 March 2023)
The High Court refused leave to appeal against an interim suspension order against attorney Lebohang Michael Mokhele and his firm, finding no appealable order or reasonable prospects of success.
South African Legal Practice Council v Mokhele (5511/2022) [2023] ZAFSHC 80 (17 March 2023)
The High Court held an attorney in contempt for practising despite an interim suspension order, and granted a suspended one-month committal order with costs.
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