South Africa Case Law

Dlamini Incorporated and Another v Legal Practice Council of South Africa and Another (2025-064733)

Dlamini Incorporated and Another v Legal Practice Council of South Africa and Another (2025-064733) [2025] ZAGPPHC 621 (23 June 2025)

Court

North Gauteng High Court, Pretoria

Case number

2025-064733

Judge

N Rajab-Budlender

The High Court discharged an urgent rule nisi sought by a law firm after its sole director died, and appointed a curator bonis over the trust accounts and practice.

• Personal Liability Company
• Legal Practitioners Trust Account
• Appointment Of Curator Bonis
• Company Directorship
• Legal Practice Act
• Urgent Interdict

Lekalakala v Kramer Weihmann Inc and PJ Joubert (5087/2023)

Lekalakala v Kramer Weihmann Inc and PJ Joubert (5087/2023) [2025] ZAFSHC 187 (20 June 2025)

Court

Free State High Court, Bloemfontein

Case number

5087/2023

Judge

Greyling-Coetzer

The court found that section 34(7)(c) of the Legal Practice Act, as well as analogous provisions in the Companies Acts and Attorneys Act, create joint and several liability for directors and past directors of personal liability companies. However, this statutory liability does not require all potentially liable directors to be joined in the proceedings, as the plaintiff is entitled to select whom to sue among joint and several debtors. The non-joined parties do not have a direct and substantial interest in the subject matter of the litigation that would be prejudiced by the outcome, and thus…

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• Non Joinder
• Lis Pendens
• Personal Liability Company
• Joint And Several Liability
• Legal Practice Act
• Third Party Proceedings

Legal Practice Council v Mjila and Another (1635/22)

Legal Practice Council v Mjila and Another (1635/22) [2024] ZANCHC 33 (1 March 2024)

Court

Northern Cape High Court, Kimberley

Case number

1635/22

Judges

Tlaletsi, Williams, Lever

The court ordered the first respondent to pay costs after confirming a rule nisi concerning a deceased attorney’s practice and finding her opposition unreasonable.

• Curatorship Of Legal Practice
• Personal Liability Company
• Fidelity Fund Certificate
• Costs Award
• Discretion Of Court
• Costs-award

Molose N.O and Others v Nonxuba and Others (1440/2023; 1441/2023)

Molose N.O and Others v Nonxuba and Others (1440/2023; 1441/2023) [2023] ZAECELLC 38; 2024 (3) SA 145 (ECEL) (5 December 2023)

Court

Eastern Cape High Court, East London Local Court

Case number

1440/2023; 1441/2023

Judge

D.O. Potgieter

The applicants failed to establish, even on a prima facie basis, that Nonxuba Inc stole the trust funds or that there is a shortfall in the trust account. The evidence shows a credit balance sufficient to cover the applicants' claims. Without direct evidence of theft or a deficit, no debt as envisaged by section 9(1) of the Insolvency Act has been established. The applicants also did not demonstrate factual insolvency of Nonxuba Inc or the respondents. Section 19(3) of the Companies Act applies to contractual debts, and while the mandate to recover damages created a contractual relationship,…

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• Provisional Sequestration
• Personal Liability Company
• Director Liability
• Medical Negligence Awards
• Trust Account Shortfall

Burden N.O v Matsepes (Bloemfontein) Inc and Others (3123/2022)

Burden N.O v Matsepes (Bloemfontein) Inc and Others (3123/2022) [2023] ZAFSHC 246 (20 June 2023)

Court

Free State High Court, Bloemfontein

Case number

3123/2022

Judge

Gusha

The High Court held a law firm and its directors liable for a theft from an insolvent estate account under a written mandate, and dismissed the third-party procedure.

• Personal Liability Company
• Breach Of Mandate
• Fiduciary Duty
• Joint And Several Liability
• Quantification Of Loss
• Breach-of-mandate

Emira Property Fund Ltd v Mbana (7451/2021)

Emira Property Fund Ltd v Mbana (7451/2021) [2022] ZAGPJHC 377 (27 May 2022)

Court

South Gauteng High Court, Johannesburg

Case number

7451/2021

Judge

FHD Van Oosten

The High Court dismissed an application to declare a company director jointly liable for a company debt, holding the director had not been joined in the original action.

• Personal Liability Company
• Default Judgment
• Non Joinder
• Declaratory Relief
• Personal-liability-company
• Default-judgment

Maree and Another v Bobroff and Another (2016/32219)

Maree and Another v Bobroff and Another (2016/32219) [2018] ZAGPJHC 79 (3 April 2018)

Court

South Gauteng High Court, Johannesburg

Case number

2016/32219

Judge

Molahlehi

The court found that the joinder of the separate estates of the respondents in a single sequestration application was a misjoinder and fatal to the applicants' case. The authorities in the division, including Ferella and Breedveldt, establish that such joinder is only permissible where there is complete identity of interest or consent, which was not present in this matter. The estates of the respondents are materially different, with each owning separate immovable property and having distinct circumstances relevant to the advantage to creditors. The approach adopted in the provisional sequest…

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• Sequestration
• Misjoinder
• Joint And Several Liability
• Advantage To Creditors
• Personal Liability Company

Maree and Another v Bobroff and Another (2016/32219)

Maree and Another v Bobroff and Another (2016/32219) [2017] ZAGPJHC 116 (7 March 2017)

Court

South Gauteng High Court, Johannesburg

Case number

2016/32219

Judge

Theron AJ

The court found that there was a sufficiently substantial coincidence of interests between the respondents to justify their joinder in the sequestration application. The applicants established a prima facie claim for provisional sequestration, showing that the respondents are jointly and severally liable for debts arising from settlement agreements made orders of court, by operation of section 19(3) of the Companies Act and section 23 of the Attorneys Act. The respondents' departure from South Africa, liquidation of assets, and absence were found to be acts of insolvency under section 8(a) of…

Source excerpt

• Provisional Sequestration
• Personal Liability Company
• Act Of Insolvency
• Creditor Advantage
• Joinder Of Debtors