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South Africa decisions
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Mokhele v South African Legal Practice Council (2433/2023) [2025] ZAFSHC 1 (8 January 2025)
The High Court ordered an attorney struck from the roll to furnish R300,000 security for costs before his leave-to-appeal application could proceed.
South African Legal Practice Council v Mafuwane (28636/2022) [2022] ZAGPPHC 685 (14 September 2022)
The respondent's conduct, including practising without a Fidelity Fund Certificate, failing to produce accounting records, misappropriating trust funds, and refusing to cooperate with the investigation, constitutes serious breaches of the Legal Practice Act and the Code of Conduct. The respondent failed to act with honesty and integrity, made false statements to the court, and attempted to frustrate the proceedings. The court found the respondent not fit and proper to continue practising as an attorney. The three-stage inquiry for striking off was satisfied: the misconduct was established, th…
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Bobotyana v South African Legal Practice Council (2259/2019) [2020] ZAECGHC 145 (10 December 2020)
Leave to appeal was dismissed because the applicant did not challenge the core findings that justified striking him from the roll of attorneys.
KwaZulu-Natal Law Society v Moodley and Another (6399 /2018) [2018] ZAKZPHC 67 (26 November 2018)
The court found that the first respondent had misappropriated trust funds, failed to maintain proper accounting records, and treated trust creditors' money as unauthorised loans for personal use. These actions were not merely negligent but amounted to fraudulent conduct. The respondent's explanations and expressions of contrition did not excuse the seriousness of the contraventions, nor did they demonstrate spontaneous rehabilitation prior to detection. The inspection committee's findings indicated systemic misuse of trust funds and a lack of proper bookkeeping, which could not be inadvertent…
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De Klerk v Law Society of the Northern Provinces (12910/2010) [2018] ZAGPPHC 574 (15 June 2018)
The High Court dismissed an attorney’s common-law rescission application, finding no reasonable explanation for a six-year delay and no bona fide defence.
Cape Law Society v Muhamed (4568/2016) [2017] ZAWCHC 29 (24 March 2017)
The court struck an attorney off the roll after unanswered allegations of misappropriating trust funds, failing to comply with curatorship orders, and dishonesty.
Free State Law Society v Gresse (5224/2015) [2015] ZAFSHC 253 (10 December 2015)
The respondent's conduct, including failure to account to his client, dishonesty in court matters, and misappropriation of trust funds, was established on a preponderance of probabilities. The court found that such conduct is fundamentally incompatible with the standards expected of an attorney. The respondent failed to provide any explanation or exceptional circumstances for his actions. The gravity of the misconduct, particularly the theft of trust monies, irreparably harmed the integrity and reputation of the legal profession. The court concluded that the respondent is not a fit and proper…
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De Wet v Law Society of the Northern Provinces (40530/13 , 20153/2014) [2014] ZAGPPHC 799 (10 October 2014)
Leave to appeal against striking-off and contempt orders was dismissed. The court granted Rule 49(11) relief and restricted further litigation as vexatious.
Law Society of the Northern Provinces v van der Merwe (9644/12) [2013] ZAGPPHC 57 (15 February 2013)
Unopposed striking-off application against an attorney for trust account shortages, non-accounting for client funds, and failure to cooperate with the Law Society.
Law Society of the Northern Provinces v Peete and Another (36282/05) [2010] ZAGPPHC 161 (18 October 2010)
The court struck an attorney off the roll after finding repeated client complaints, failures to account, practice without a Fidelity Fund Certificate, and other serious misconduct.
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