South Africa Case Law

South African Legal Practice Council v Kgaphola and Another (795/2023)

South African Legal Practice Council v Kgaphola and Another (795/2023) [2025] ZASCA 66 (23 May 2025)

Court

Supreme Court of Appeal

Case number

795/2023

Judges

Makgoka, Mothle, Mabindla-Boqwana, Hendricks, Baartman

The Supreme Court of Appeal found that the respondent practised as an attorney without a valid fidelity fund certificate for specified periods, failed to comply with rules regarding trust banking details and location, paid membership fees late, failed to register with the Financial Intelligence Centre within the prescribed period, and failed to reply to correspondence from the Legal Practice Council. These infractions were established on a balance of probabilities. Practising without a fidelity fund certificate and failing to reply to Council correspondence are serious offences that may warra…

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• Professional Misconduct
• Legal Practitioners Regulation
• Fidelity Fund Certificate
• Failure To Reply To Council
• Disciplinary Sanctions

Wesvaal Boerdery (Pty) Ltd v Luneburg and Janse Van Vuuren Inc. and Others (038125/2023)

Wesvaal Boerdery (Pty) Ltd v Luneburg and Janse Van Vuuren Inc. and Others (038125/2023) [2025] ZAGPPHC 133 (12 February 2025)

Court

North Gauteng High Court, Pretoria

Case number

038125/2023

Judge

M P Motha

The court found that the South African Legal Practice Council (LPC) has a direct and substantial interest in the proceedings, as any order made would affect its rights and responsibilities under the Legal Practice Act. The applicant's correspondence and reliance on the LPC's powers demonstrated its central role. The Fee Dispute Resolution Committee (FDRC), established by the Gauteng Provincial Council, also has a legal interest and should be joined. However, citing the chairperson of the FDRC suffices, and there is no need to join its other members. The court held that technical objections re…

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• Non Joinder
• Fee Dispute Resolution
• Legal Practitioners Regulation
• Joinder Of Parties

Hutchinson Wild v Legal Practice Council and Others (956/2023)

Hutchinson Wild v Legal Practice Council and Others (956/2023) [2024] ZASCA 180; 2025 (3) SA 393 (SCA) (19 December 2024)

Court

Supreme Court of Appeal

Case number

956/2023

Judges

Mokgohloa, Keightley, Baartman, Coppin, Dolamo

The Supreme Court of Appeal held that the Legal Practice Council's advisory note did not constitute administrative action as defined by PAJA, since it did not have a direct, external legal effect or adversely affect the appellant's rights. The advisory note merely explained transitional arrangements and did not alter the law or procedure. Section 116(2) of the Legal Practice Act requires pending disciplinary proceedings to be continued as if the repealed law still applied, but does not strip Advocates' Societies of their standing to bring such applications. The common-law powers of the courts…

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• Legal Practitioners Regulation
• Admission Of Advocates Act
• Legal Practice Act
• Administrative Action Review
• Standing Of Professional Bodies
• Disciplinary Proceedings

Gauteng Provincial Council of the South African Legal Practice Council v Skhosana (082851/2024)

Gauteng Provincial Council of the South African Legal Practice Council v Skhosana (082851/2024) [2024] ZAGPPHC 771 (19 August 2024)

Court

North Gauteng High Court, Pretoria

Case number

082851/2024

Judge

Millar

The court found that the applicant failed to give proper notice of the disciplinary hearing to the respondent, as the notification was sent to incorrect addresses. The respondent was prejudiced by the committee's reliance on new evidence and statements that were never put to him for comment or rebuttal. The applicant did not comply with statutory obligations under the Legal Practice Act, including notification of findings and the right to appeal. These procedural failures rendered the committee's findings and the resolution authorizing proceedings reviewable and liable to be set aside. The ma…

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• Disciplinary Proceedings
• Procedural Fairness
• Legal Practitioners Regulation
• Notice Requirements
• Review Of Administrative Action

Legal Practice Council of South Africa v Baloyi (32033/2020)

Legal Practice Council of South Africa v Baloyi (32033/2020) [2024] ZAGPPHC 827 (17 July 2024)

Court

North Gauteng High Court, Pretoria

Case number

32033/2020

Judges

Janse Van Nieuwenhuizen, Kekana

The respondent breached several provisions of the Legal Practice Act and LPC Rules by failing to maintain proper accounting records, not submitting audit reports, and practicing without a Fidelity Fund Certificate. While the evidence did not establish dishonesty or misappropriation of trust funds on a balance of probabilities, the respondent's conduct demonstrated a lack of insight into the seriousness of his transgressions and an inability to manage trust accounts. The respondent is no longer a fit and proper person to practice for his own account. However, given the absence of proven dishon…

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• Legal Practitioners Regulation
• Fidelity Fund Certificate
• Trust Account Management
• Disciplinary Proceedings
• Professional Misconduct

General Council of the Bar of South Africa and Another v Minister of Finance and Others (2023/132695)

General Council of the Bar of South Africa and Another v Minister of Finance and Others (2023/132695) [2024] ZAGPPHC 558 (28 June 2024)

Court

North Gauteng High Court, Pretoria

Case number

2023/132695

Judge

Millar

The court found that the Public Finance Management Act does not apply to the Office of the State Attorney or the tender process for referral advocates. The correct statutory framework is the State Attorney Act and the Legal Practice Act. The tender was issued without an extant policy approved by Cabinet and tabled in Parliament as required by the State Attorney Act. The terms of the tender, including the requirement for referral advocates to enter into transversal contracts with non-attorneys and the fee arrangements, breach the Code of Conduct under the Legal Practice Act and would render su…

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• Legality Review
• Public Procurement
• Legal Practitioners Regulation
• Preferential Procurement
• Code Of Conduct
• Constitution Section 217

Sekukuni v Legal Practice Council and Another (014453/2022)

Sekukuni v Legal Practice Council and Another (014453/2022) [2024] ZAGPPHC 389 (19 April 2024)

Court

North Gauteng High Court, Pretoria

Case number

014453/2022

Judge

Retief

The applicant failed to establish the requisites for final interdictory relief, as she did not prove a clear right or an injury justifying such relief. The demands made in her notice of motion were directed only at the Legal Practice Council, not Ms Jansen, and were not supported by compliance with the prescribed procedures, including payment of the remark fee. The marking of answers written in pencil was in accordance with examination instructions, and no wrongful or defamatory conduct was established. The damages claim was not substantiated, and application proceedings were inappropriate fo…

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• Legal Practitioners Regulation
• Competency Examination
• Final Interdict
• Damages Claim
• Procedural Compliance
• Defamation

South African Legal Practice Council v Sebueng (18628/2022)

South African Legal Practice Council v Sebueng (18628/2022) [2023] ZAGPPHC 1167 (15 September 2023)

Court

North Gauteng High Court, Pretoria

Case number

18628/2022

Judges

C Pretorius, MP Kumalo

The High Court suspended an attorney from practice after finding he practised without a Fidelity Fund Certificate and breached trust accounting and reporting rules.

• Legal Practitioners Regulation
• Fidelity Fund Certificate
• Trust Account Management
• Professional Misconduct
• Legal-practitioner-discipline
• Fidelity-fund-certificate

Wild v Legal Practice Council and Others (31130/2019)

Wild v Legal Practice Council and Others (31130/2019) [2023] ZAGPPHC 1762; 2023 (5) SA 612 (GP) (24 April 2023)

Court

North Gauteng High Court, Pretoria

Case number

31130/2019

Judges

D S Fourie, N Bam, M Mojapelo

The court found that the Legal Practice Council's advisory note did not constitute administrative action under PAJA, as it did not adversely affect the applicant's rights nor have a direct, external legal effect. The advisory note merely preserved the status quo regarding pending disciplinary proceedings and did not introduce new procedures or affect the applicant's position. The Legal Practice Act did not abolish the common law standing of voluntary bar associations to bring disciplinary proceedings against advocates, nor did it confer exclusive disciplinary jurisdiction on the Council. Sect…

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• Promotion Of Administrative Justice Act
• Legal Practitioners Regulation
• Standing Of Voluntary Associations
• Interpretation Of Statutes
• Disciplinary Proceedings
• Costs Award

Wild v Legal Practice Council and Others

Wild v Legal Practice Council and Others [2023] ZAGPPHC 297; 31130/2019 (24 April 2023)

Court

North Gauteng High Court, Pretoria

Case number

31130/2019

Judges

D S Fourie, N Bam, M Mojapelo

The Court held that the Legal Practice Council's advisory note did not constitute administrative action under PAJA, as it did not adversely affect the applicant's rights nor have a direct, external legal effect. The advisory note merely preserved the status quo regarding pending disciplinary procedures and did not introduce new procedures or alter the applicant's position. The Legal Practice Act did not abolish the common law standing of the Bars and the General Council of the Bar to investigate unprofessional conduct and bring disciplinary applications; the High Court's inherent jurisdiction…

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• Promotion Of Administrative Justice Act
• Legal Practitioners Regulation
• Standing Of Professional Bodies
• Disciplinary Proceedings
• Interpretation Of Statutes