South Africa Case Law

South African Legal Practice Council v Selota (43012/2018)

South African Legal Practice Council v Selota (43012/2018) [2025] ZAGPPHC 475 (15 May 2025)

Court

North Gauteng High Court, Pretoria

Case number

43012/2018

Judges

Davis, Khumalo

The court found that the respondent committed repeated and serious breaches of professional duties, including practicing without a Fidelity Fund certificate, maintaining trust account deficits, failing to keep proper accounting records, overreaching clients under contingency fee agreements, touting, and failing to account or pay clients timeously. The respondent's explanations were evasive, lacked credibility, and demonstrated a pattern of dishonesty and lack of insight. The cumulative effect of these transgressions rendered the respondent no longer fit and proper to practice law. The court h…

Source excerpt

• Legal Practitioner Misconduct
• Trust Account Deficits
• Contingency Fee Act Breaches
• Overreaching
• Failure To Account
• Striking Off Application

South African Legal Practice Council v Dube (23500/2020)

South African Legal Practice Council v Dube (23500/2020) [2025] ZAGPPHC 365 (15 April 2025)

Court

North Gauteng High Court, Pretoria

Case number

23500/2020

Judges

N Davis, M Lenyai

The High Court struck an attorney from the roll for repeated misconduct, including failure to account, overreaching, client fund abuse, and practicing without a Fidelity Fund certificate.

• Legal Practitioner Misconduct
• Striking Off Application
• Failure To Account
• Overreaching
• Fidelity Fund Certificate
• Client Funds Misappropriation

Zulu v Philip and Another (D3067/2024)

Zulu v Philip and Another (D3067/2024) [2025] ZAKZDHC 7 (25 February 2025)

Court

Kwazulu-Natal High Court, Durban

Case number

D3067/2024

Judge

Chetty

A lay complainant sought to strike an attorney from the roll directly. The High Court held the application was premature, as internal LPA remedies were not exhausted.

• Legal Practice Act
• Standing Of Layperson
• Exhaustion Of Internal Remedies
• Striking Off Application
• Legal-practice-act
• Standing

South African Legal Practical Council v Louw and Others (2023/068293)

South African Legal Practical Council v Louw and Others (2023/068293) [2024] ZAGPJHC 959; 2025 (1) SA 447 (GJ) (30 September 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2023/068293

Judges

S D J Wilson, Sutherland DJP

The High Court dismissed the LPC’s striking-off application, holding that a disciplinary inquiry was needed because the facts and individual culpability were not adequately established.

• Legal Practitioners Discipline
• Striking Off Application
• Fiduciary Duties
• B Bbee Compliance
• Prima Facie Evidence
• Disciplinary Inquiry

Mavudzi and Another v Majola and Others (49039/2021)

Mavudzi and Another v Majola and Others (49039/2021) [2022] ZAGPJHC 575; 2022 (6) SA 420 (GJ) (10 August 2022)

Court

South Gauteng High Court, Johannesburg

Case number

49039/2021

Judges

Sutherland DJP, Molahlehi J

The application to strike Adv Majola off the roll of advocates was dismissed on two principal grounds. First, the factual foundation relied upon by the applicants was unsound; the judgment of Gilbert AJ did not constitute a finding of professional misconduct but was made contingently for the purposes of deciding res judicata. The remarks were not intended as definitive findings of dishonesty and did not provide a proper basis for disciplinary action. Second, the applicants, as laymen, lacked standing to bring a striking off application directly to the High Court under section 44(2) of the Leg…

Source excerpt

• Legal Practitioner Discipline
• Standing
• Striking Off Application
• Legal Practice Act
• Professional Misconduct

Johannesburg Society of Advocates v Snoyman (11844/2018)

Johannesburg Society of Advocates v Snoyman (11844/2018) [2019] ZAGPJHC 451 (15 April 2019)

Court

South Gauteng High Court, Johannesburg

Case number

11844/2018

Judges

FHD Van Oosten, L Windell

The High Court dismissed an application to strike an advocate from the roll, finding his disputed remarks were a misnomer and his conduct was not unprofessional.

• Striking Off Application
• Professional Misconduct
• Oral Evidence Referral
• Professional-misconduct
• Striking-off
• Oral-evidence

Law Society of the Northern Provinces v Cowling and Another (69300/13)

Law Society of the Northern Provinces v Cowling and Another (69300/13) [2016] ZAGPPHC 711 (16 August 2016)

Court

North Gauteng High Court, Pretoria

Case number

69300/13

Judges

N V Khumalo, P D Moseamo

The High Court struck off two attorneys for serious trust-account misconduct, including a large trust deficit, inadequate accounting records, and multiple Fidelity Fund claims.

• Attorneys Act 53 Of 1979
• Misappropriation Of Trust Funds
• Professional Misconduct
• Fidelity Fund Claims
• Striking Off Application
• Partnership Liability

Law Society of the Free State v Radebe (4770/2015)

Law Society of the Free State v Radebe (4770/2015) [2016] ZAFSHC 113 (30 June 2016)

Court

Free State High Court, Bloemfontein

Case number

4770/2015

Judges

Lekale, Motimele

The court dismissed a law society application to strike off or suspend an attorney, finding the alleged misconduct and non-cooperation were not proved on the papers.

• Attorney Misconduct
• Disciplinary Proceedings
• Fit And Proper Person
• Striking Off Application
• Attorney-discipline
• Striking-off

Randell v Cape Law Society (2646/11)

Randell v Cape Law Society (2646/11) [2011] ZAECGHC 59; 2012 (3) SA 207 (ECG) (27 October 2011)

Court

Eastern Cape High Court, Grahamstown

Case number

2646/11

Judges

J.E Smith, M Makaula

The court held that it has discretion to stay civil proceedings where criminal proceedings on the same facts are pending, and that the exercise of this discretion does not require the presence of state compulsion. The court found that the applicant faces a real danger of prejudice in the conduct of his criminal defence if compelled to file an answering affidavit in the civil striking off application before the criminal trial is finalized. The potential prejudice to the public from delaying the civil matter was found to be minimal, especially given the imminent criminal trial and the responden…

Source excerpt

• Stay Of Proceedings
• Fiduciary Duties
• Right To Fair Trial
• Self Incrimination
• Striking Off Application

Law Society of the Northern Provinces v Dykes and Others (32233/2008 , 77720/09)

Law Society of the Northern Provinces v Dykes and Others (32233/2008 , 77720/09) [2010] ZAGPPHC 556 (12 February 2010)

Court

North Gauteng High Court, Pretoria

Case number

32233/2008 , 77720/09

Judges

M Victor, Sapire

The High Court granted condonation for late answering affidavits in a striking-off application, but ordered the respondents to pay the condonation costs.

• Condonation
• Striking Off Application
• Competition Act Section 65
• Late Filing Of Affidavits
• Costs Order
• Late-filing-of-affidavits