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South Africa decisions
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Seima N.O and Others v Master of High Court Johannesburg and Others (2022/045994) [2025] ZAGPJHC 686 (7 July 2025)
The High Court confirmed a rule nisi and ordered Samnakay Attorneys to pay punitive costs for advancing false, defamatory and unsupported allegations against trustees.
South African Legal Practice Council v Kgaphola and Another (795/2023) [2025] ZASCA 66 (23 May 2025)
The Supreme Court of Appeal found that the respondent practised as an attorney without a valid fidelity fund certificate for specified periods, failed to comply with rules regarding trust banking details and location, paid membership fees late, failed to register with the Financial Intelligence Centre within the prescribed period, and failed to reply to correspondence from the Legal Practice Council. These infractions were established on a balance of probabilities. Practising without a fidelity fund certificate and failing to reply to Council correspondence are serious offences that may warra…
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South African Legal Practice Council v Gonzales (1949/2024) [2024] ZAWCHC 412 (6 December 2024)
The respondent misappropriated trust funds by transferring client monies from his trust account to his business account without the client's permission and failed to refund the client as agreed. His explanations were patently false and amounted to attempts to mislead both the applicant and the court. He also failed to comply with the Legal Practice Council's requests for information under Rule 40.2.4 and did not properly account to another client for substantial funds held in trust. The respondent's conduct demonstrates a lack of professionalism, integrity, and understanding of his duties as…
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South African Legal Practice Council v Maree and Others (4309/2024) [2024] ZAFSHC 352 (31 October 2024)
The court found that Maree had practised without a Fidelity Fund Certificate in breach of the Legal Practice Act, received substantial trust funds, and failed to maintain proper accounting records, as confirmed by a qualified audit report. The interests of the public and clients required urgent intervention. Maree's suspension was confirmed pending disciplinary proceedings, and the legal practice remained under curatorship. The respondents' counter-application to compel registration and the issuing of Fidelity Fund Certificates was dismissed, as neither Maree nor Cronje was entitled to such c…
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Mpumalanga Society of Advocates and Another v Judicial Service Commission and Others (2021/55663) [2024] ZAGPJHC 1267 (26 August 2024)
The court found that the JSC was aware of and considered all material allegations regarding the candidate's financial conduct and professional character. The late adverse comments submitted by the applicant were substantially the same as those already before the JSC, and the JSC applied its mind to these issues. The candidate's explanation for his financial difficulties and debts was accepted, and there was no evidence of intentional non-disclosure or unethical conduct. The criticisms of the candidate's professional character were largely unsubstantiated opinions, and the JSC had the benefit…
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South African Legal Practice Council v Berkowitz and Another (35116/2022) [2024] ZAGPPHC 836 (15 August 2024)
The court held that the LPC was entitled, under its common law authority and section 44 of the Legal Practice Act, to approach the High Court for disciplinary relief without first concluding its own disciplinary hearing. The charges against Berkowitz—practicing for own account without a Fidelity Fund certificate for multiple periods, failing to submit auditor's reports, failing to pay membership fees, failing to cooperate with the LPC and the court, and wilful non-compliance with court orders—were proven on the papers. Berkowitz failed to place a proper version before the court, refused to fi…
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Sebatsana (022746/2023), Ex parte [2024] ZAGPPHC 784 (7 August 2024)
The High Court admitted the applicant as a legal practitioner, finding she was fit and proper despite prior misconduct, disclosure issues, and LPC opposition.
Legal Practice Council of South Africa v Baloyi (32033/2020) [2024] ZAGPPHC 827 (17 July 2024)
The respondent breached several provisions of the Legal Practice Act and LPC Rules by failing to maintain proper accounting records, not submitting audit reports, and practicing without a Fidelity Fund Certificate. While the evidence did not establish dishonesty or misappropriation of trust funds on a balance of probabilities, the respondent's conduct demonstrated a lack of insight into the seriousness of his transgressions and an inability to manage trust accounts. The respondent is no longer a fit and proper person to practice for his own account. However, given the absence of proven dishon…
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South African Legal Practice Council v Mokoena and Another (49286/2020) [2024] ZAGPPHC 617 (13 June 2024)
The High Court struck an attorney from the roll after finding repeated client neglect, practising without a fidelity fund certificate, and persistent non-cooperation.
Maartens v South African Legal Practice Council (19239/2022) [2024] ZAGPPHC 610 (4 June 2024)
The High Court dismissed an attorney’s re-admission application, finding she had not shown genuine reform, full candour, or fitness to return to practice.
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