South Africa Case Law

L.M.T v Matodzi Neluhleni Attorneys and Others (038394/2025)

L.M.T v Matodzi Neluhleni Attorneys and Others (038394/2025) [2025] ZAGPJHC 356 (26 March 2025)

Court

South Gauteng High Court, Johannesburg

Case number

038394/2025

Judge

PJ Du Plessis

The court found that the urgent application was an abuse of process, as the applicant's attorney had received a written undertaking from the respondents that the funds would be paid, eliminating any genuine urgency. The attorney persisted with the application despite this assurance and attempted to manufacture urgency based on the applicant's personal circumstances, which had alternative avenues of redress. The conduct of the attorney materially deviated from professional standards, warranting a punitive costs order de bonis propriis on an attorney and client scale in favour of the first and…

Source excerpt

• Costs De Bonis Propriis
• Abuse Of Urgent Court
• Attorney And Client Costs
• Misconduct By Legal Practitioner

Cape Bar Council v Visser (5722/13)

Cape Bar Council v Visser (5722/13) [2013] ZAWCHC 139 (27 August 2013)

Court

Western Cape High Court, Cape Town

Case number

5722/13

Judges

T Ndita, PAL Gamble

The court struck an advocate from the roll for misconduct after he accepted direct instructions, handled money improperly, and gave no explanation.

• Admission Of Advocates Act
• Fit And Proper Person
• Misconduct By Legal Practitioner
• Referral Practice
• Trust Account Requirements
• Advocate-misconduct