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South Africa Case Law

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Civil Procedure [2024] ZAGPPHC 610

Maartens v South African Legal Practice Council (19239/2022)

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.

  • Re Admission Of Attorneys
  • Fit And Proper Person Test
  • Professional Misconduct
  • Disciplinary Proceedings
  • Re-admission-of-attorneys
  • Fit-and-proper-person-test
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Civil Procedure [2008] ZASCA 91

Van Eeden and Another v Prokureursorde van die Noordelike Provinsies and Another (557/2007)

Van Eeden and Another v Prokureursorde van die Noordelike Provinsies and Another (557/2007) [2008] ZASCA 91; [2009] 1 All SA 477 (SCA) (12 September 2008)

The Supreme Court of Appeal held that the appellant failed to discharge the burden of proving that he was a fit and proper person to be re-admitted as an attorney. The court found that the probabilities overwhelmingly indicated that the appellant, with the assistance of his father, was responsible for the disappearance of the firm's accounting records, which was intended to frustrate the investigation into trust account shortages. The appellant's explanations regarding the missing records were inconsistent and unconvincing, and his conduct in forcibly entering the offices and attempting to re…

  • Attorneys Act Section 15
  • Re Admission Of Attorneys
  • Trust Account Shortage
  • Fitness To Practice
  • Burden Of Proof
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Civil Procedure [2007] ZAGPHC 145

Van Eeden v Prokureursorde van die Noordelike Provinsies en 'n Ander (17108/03)

Van Eeden v Prokureursorde van die Noordelike Provinsies en 'n Ander (17108/03) [2007] ZAGPHC 145 (8 August 2007)

An attorney sought readmission after being struck off over trust account concerns, but the court found he had not proved there was no deficit or that he was fit and proper.

  • Attorney Striking Off
  • Re Admission Of Attorneys
  • Trust Account Deficits
  • Burden Of Proof
  • Professional Misconduct
  • Attorney-striking-off
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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.