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South Africa Case Law

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Administrative Law [2024] ZAGPPHC 624

South African Legal Practice Council v Halles and Another (35117/2022)

South African Legal Practice Council v Halles and Another (35117/2022) [2024] ZAGPPHC 624 (5 June 2024)

The court suspended an attorney rather than striking her off after finding that Major Depressive Disorder, not dishonesty, caused her professional non-compliance.

  • Legal Practitioner Fitness
  • Mental Health Impairment
  • Disciplinary Sanctions
  • Fidelity Fund Certificate
  • Practice Management Training
  • Legal-practitioner-fitness
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Administrative Law [2022] ZAGPPHC 973

South African Legal Practice Council v Kokoloane Cyril Pitjeng (422/2021)

South African Legal Practice Council v Kokoloane Cyril Pitjeng (422/2021) [2022] ZAGPPHC 973 (6 December 2022)

The High Court struck an attorney from the roll for persistent non-compliance with statutory duties, including fidelity fund, auditor reports, and fees.

  • Attorney Striking Off
  • Fidelity Fund Certificate
  • Practice Management Training
  • Auditor Report Noncompliance
  • Disciplinary Proceedings
  • Attorney-striking-off
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Administrative Law [2022] ZAGPPHC 920

South African Legal Practice Council v Dladla (5849/21)

South African Legal Practice Council v Dladla (5849/21) [2022] ZAGPPHC 920 (22 November 2022)

The respondent's conduct in practising without a fidelity fund certificate, failing to submit audit reports timeously, and neglecting to pay membership fees constitutes serious breaches of the Legal Practice Act and professional standards. His failure to respond to Council correspondence and address complaints demonstrates a lack of insight and disregard for regulatory obligations. While the respondent has subsequently complied with some requirements and expressed remorse, these actions do not fully mitigate the seriousness of his transgressions. The court finds that suspension, rather than s…

  • Legal Practitioner Discipline
  • Fidelity Fund Certificate
  • Failure To Submit Audit Reports
  • Membership Fee Arrears
  • Practice Management Training
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Civil Procedure [2022] ZAGPPHC 537

South African Legal Practice Council v Kgaphola and Another (12379/2021)

South African Legal Practice Council v Kgaphola and Another (12379/2021) [2022] ZAGPPHC 537 (22 July 2022)

The court dismissed an application to suspend or strike an attorney from the roll, finding the alleged breaches were not proved or serious enough for discipline.

  • Legal Practitioners Disciplinary
  • Fidelity Fund Certificate
  • Professional Misconduct
  • Practice Management Training
  • Trust Account Regulation
  • Legal-practitioners-discipline
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.