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South Africa decisions
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Itanex CC v Legal Practitioners' Fidelity Fund (Leave to Appeal) (15043/2020) [2025] ZAWCHC 109 (17 March 2025)
The High Court refused leave to appeal in a Fidelity Fund claim, holding that funds paid into an attorney trust account were entrusted and that the appeal lacked prospects.
South African Legal Practice Council v Molati and Another (2023-038247) [2023] ZAGPPHC 578 (9 June 2023)
The High Court suspended an attorney pending removal proceedings after findings of practising without a Fidelity Fund Certificate, trust account misappropriation, and contempt.
Malatji v S (A966/04) [2010] ZAGPPHC 220 (9 December 2010)
The court found that the appellant received R150,000.00 into his trust account, which was to be held in trust until all conditions of the JV agreement were met and the Department of Housing accepted the agreement. The conditions were never fulfilled, and the money was not refunded to Dikgoro as required. The appellant failed to account for the funds, did not provide proof of payment, and his explanations were improbable and contradicted by credible State witnesses. The magistrate's conduct in questioning the appellant and his witness did not amount to irregularity or unfairness; the questions…
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Law Society of Free State v Mynhardt (nee Mostert) (3983/2008) [2008] ZAFSHC 86 (14 August 2008)
The court struck an attorney off the roll after she admitted misappropriating trust money, failing to keep proper accounts, and not complying with professional rules.
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