South Africa Case Law

Moodley v KwaZulu-Natal Legal Practice Council and Another (16857/23)

Moodley v KwaZulu-Natal Legal Practice Council and Another (16857/23) [2025] ZAKZPHC 13 (14 February 2025)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

16857/23

Judges

Nicholson, Sibiya

The applicant failed to make full and frank disclosure regarding the misappropriation of trust funds and did not demonstrate genuine remorse or contrition. His minimal repayments to the Fidelity Fund, despite overseas travel and employment, reflect a lack of commitment to repairing the harm caused. The applicant did not identify or appreciate the defect of character that led to his removal, nor did he show evidence of complete and permanent reformation. His opposition to the striking off application relied on technical defences rather than addressing the core moral issues. The applicant's con…

Source excerpt

• Legal Practitioner Readmission
• Fit And Proper Person
• Misappropriation Of Trust Funds
• Professional Ethics
• Remorse And Contrition

South African Legal Practice Council v Mashigo (101522/2023)

South African Legal Practice Council v Mashigo (101522/2023) [2024] ZAGPPHC 1307 (10 December 2024)

Court

North Gauteng High Court, Pretoria

Case number

101522/2023

Judges

Khashane Manamela, C Collis

The Court found that the respondent misappropriated trust funds, practised without a fidelity fund certificate, and misused his employer's credit card. These offences were established on a balance of probabilities and admitted by the respondent. The respondent's conduct fell short of the standards expected of attorneys and demonstrated dishonesty and lack of integrity. However, the Court considered that the respondent's misconduct occurred early in his career and that he may benefit from remedial measures. The Court concluded that indefinite exclusion from the profession was not warranted, bu…

Source excerpt

• Legal Practitioners Misconduct
• Fidelity Fund Certificate
• Misappropriation Of Trust Funds
• Disciplinary Proceedings
• Practice Management
• Professional Ethics

South African Legal Practice Council v Dlabantu (3712/2024)

South African Legal Practice Council v Dlabantu (3712/2024) [2024] ZAFSHC 364 (8 November 2024)

Court

Free State High Court, Bloemfontein

Case number

3712/2024

Judges

Daniso, Cronje

The respondent practiced as an attorney without a valid Fidelity Fund certificate and failed to pay required annual levies, in clear contravention of Section 84(1) of the Legal Practice Act and LPC Rules. His explanations for non-compliance are unsustainable, as he delayed his exemption application and failed to pay the necessary fees. The respondent was aware of the proceedings and participated, so irregular service did not prejudice him. The court found no evidence of malice or racial discrimination in the applicant's conduct. The respondent's actions amount to gross professional misconduct…

Source excerpt

• Legal Practitioners Misconduct
• Fidelity Fund Certificate
• Suspension From Roll
• Professional Ethics

Macheka v Legal Practice Council Free State (4057/2023)

Macheka v Legal Practice Council Free State (4057/2023) [2024] ZAFSHC 85 (22 March 2024)

Court

Free State High Court, Bloemfontein

Case number

4057/2023

Judges

Molitsoane, Jordaan

Application to readmit a struck-off attorney dismissed for failure to prove genuine reformation, continued disregard of professional rules, and unresolved trust-account misconduct.

• Readmission Of Attorneys
• Fit And Proper Person
• Misappropriation Of Trust Funds
• Professional Ethics
• Attorneys Act
• Legal Practitioners Act

Galela and Another (2023-063575; 2023-063923), Ex parte

Galela and Another (2023-063575; 2023-063923), Ex parte [2023] ZAGPPHC 716 (18 August 2023)

Court

North Gauteng High Court, Pretoria

Case number

2023-063575; 2023-063923

Judges

Johnson, Bokako

The court refused admission of two applicants as attorneys after finding non-disclosure of directorships, business interests, and unresolved fee issues showed they were not fit and proper.

• Legal Practitioner Admission
• Fit And Proper Person
• Failure To Disclose
• Llb Certificate Requirement
• Legal Practice Act
• Professional Ethics

South African Council for Educators v Deon Scheepers and Others (CCT 127/22)

South African Council for Educators v Deon Scheepers and Others (CCT 127/22) [2023] ZACC 23; [2023] 10 BLLR 981 (CC); (2023) 44 ILJ 2191 (CC); 2024 (5) BCLR 663 (CC) (12 July 2023)

Court

Constitutional Court

Case number

CCT 127/22

Judges

Baqwa AJ, Kollapen J, Madlanga J, Majiedt J, Mathopo J, Mbatha AJ, Mhlantla J, Rogers J, Tshiqi J

The Constitutional Court refused SACE leave to appeal in a dispute over whether it properly investigated misconduct before referring a principal to discipline.

• Disciplinary Proceedings
• Procedural Fairness
• Investigation Requirements
• Professional Ethics
• Employment Of Educators Act
• Review Of Administrative Action

Mohale v Road Accident Fund (7257/2019)

Mohale v Road Accident Fund (7257/2019) [2022] ZALMPPHC 38 (14 July 2022)

Court

Limpopo High Court, Polokwane

Case number

7257/2019

Judge

Kganyago

The court held that Dr Kumbirai’s affidavit was properly signed and commissioned, allowed the matter to be re-enrolled for trial, and referred the judgment to the Legal Practice Council.

• Admissibility Of Affidavits
• Commissioning Of Affidavits
• Professional Ethics
• Misleading The Court
• Admissibility-of-affidavits
• Commissioning-of-affidavits

Benson and Another v Standard Bank of South Africa and Others (2011/17143)

Benson and Another v Standard Bank of South Africa and Others (2011/17143) [2022] ZAGPJHC 334 (17 May 2022)

Court

South Gauteng High Court, Johannesburg

Case number

2011/17143

Judge

Weiner

Leave to appeal was dismissed after a 7.5-year delay, with attorney-and-client costs and a referral of the applicants’ attorneys to the Legal Practice Council.

• Leave To Appeal
• Rescission Of Judgment
• Sale In Execution
• Eviction
• Punitive Costs
• Professional Ethics

Rapp Van Zyl Inc and Others v First Rand Bank and Others (4653/15)

Rapp Van Zyl Inc and Others v First Rand Bank and Others (4653/15) [2022] ZAWCHC 62; [2022] 3 All SA 437 (WCC) ; 2022 (5) SA 245 (WCC) (28 April 2022)

Court

Western Cape High Court, Cape Town

Case number

4653/15

Judge

M Sher

The High Court held that defamatory allegations in an interdict affidavit were actionable and not protected by qualified privilege, making the defendants liable.

• Defamation
• Qualified Privilege
• Abuse Of Process
• Professional Ethics
• Damages Liability
• Insolvency Act Application

Faraday Taxi Association v Director Registration and Monitoring MEC for Roads and Transport and Others (58879/2021)

Faraday Taxi Association v Director Registration and Monitoring MEC for Roads and Transport and Others (58879/2021) [2022] ZAGPJHC 213 (5 April 2022)

Court

South Gauteng High Court, Johannesburg

Case number

58879/2021

Judge

R M Keightley

Reconsideration granted after material non-disclosure in an urgent taxi dispute; the rule nisi was set aside, costs awarded on an attorney-client scale.

• Urgent Application Procedure
• Ex Parte Orders
• Material Non Disclosure
• Audi Alteram Partem
• Professional Ethics
• Urgent-application-procedure