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South Africa Case Law

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Commercial And Corporate [2025] ZAGPPHC 577

South African Legal Practice Council v Mashele (2024/103400)

South African Legal Practice Council v Mashele (2024/103400) [2025] ZAGPPHC 577 (23 May 2025)

The High Court struck attorney Victor Mdungasi Mashele from the roll after finding he misappropriated client trust funds and failed to account for them.

  • Misappropriation Of Trust Funds
  • Striking Off Roll
  • Fiduciary Duties
  • Fit And Proper Person
  • Disciplinary Sanctions
  • Misappropriation-of-trust-funds
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Civil Procedure [2025] ZAGPPHC 452

South African Legal Practice Council v Koma (2023/023597)

South African Legal Practice Council v Koma (2023/023597) [2025] ZAGPPHC 452 (2 May 2025)

The court found that the respondent's grounds for appeal were previously raised and fully addressed in the original judgment. The respondent failed to answer the charges and ignored invitations to respond. The reference to Louw was distinguished, as the facts in Louw involved complex allegations against multiple parties, whereas in this case, the respondent acted alone and the complaints were substantiated. The court concluded that there were no reasonable prospects of success and no compelling reasons to grant leave to appeal. The application for leave to appeal was therefore dismissed with…

  • Leave To Appeal
  • Striking Off Roll
  • Superior Courts Act
  • Costs Order
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Labour Law [2025] ZALCJHB 259

Tiro v Safety and Transport Management North West Province (2025/030657)

Tiro v Safety and Transport Management North West Province (2025/030657) [2025] ZALCJHB 259 (25 April 2025)

An urgent Labour Court application was struck off the roll after improper re-enrolment and the applicant’s non-appearance at the hearing.

  • Urgent Application
  • Rule 45 Enrolment
  • Non Appearance
  • Striking Off Roll
  • Urgent-application
  • Labour-court
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Civil Procedure [2025] ZANWHC 51

K.A.M and Another v S.S.M (1060/25)

K.A.M and Another v S.S.M (1060/25) [2025] ZANWHC 51 (12 March 2025)

The court found that the applicants failed to establish urgency as required by Uniform Rule 6(12)(b). The delay of seven days in bringing the application was unexplained and amounted to self-created urgency. The applicants did not demonstrate that they would suffer undue hardship if the matter was not heard urgently, as they have access to other vehicles and substantial income. The dispute regarding the Toyota motor vehicle will be determined in the magistrates court on the scheduled return date, where the applicants will have substantial redress. Consequently, the application was not suitabl…

  • Domestic Violence Act
  • Interim Protection Order
  • Urgency
  • Community Of Property
  • Striking Off Roll
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Civil Procedure [2025] ZAGPPHC 236

Mokoena and Another v South African Legal Practice Council (49286/2020)

Mokoena and Another v South African Legal Practice Council (49286/2020) [2025] ZAGPPHC 236 (4 March 2025)

The High Court condoned late filing of a leave-to-appeal application, but dismissed it because the applicant showed no reasonable prospects of success.

  • Leave To Appeal
  • Condonation Of Late Filing
  • Striking Off Roll
  • Legal Practitioner Misconduct
  • Leave-to-appeal
  • Condonation
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Administrative Law [2024] ZAGPPHC 1171

South African Legal Practice Council v Koma (2023/023597)

South African Legal Practice Council v Koma (2023/023597) [2024] ZAGPPHC 1171 (5 November 2024)

The High Court struck an advocate from the roll for taking direct instructions and client money without authority, failing to account, and showing unfitness to practise.

  • Legal Practitioners Misconduct
  • Fit And Proper Person
  • Fidelity Fund Certificate
  • Disciplinary Proceedings
  • Striking Off Roll
  • Legal-practitioner-misconduct
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Civil Procedure [2024] ZAMPMBHC 65

Mhlongo v Trustees for the Time Being of the Peter Neve Trust MT 1266/1996 being: Neves and Others (191/2024)

Mhlongo v Trustees for the Time Being of the Peter Neve Trust MT 1266/1996 being: Neves and Others (191/2024) [2024] ZAMPMBHC 65 (16 September 2024)

The High Court struck an urgent reconsideration application off the roll because it duplicated an earlier application struck for lack of urgency and raised no new developments.

  • Rule 6 12 C Reconsideration
  • Urgent Interdict
  • Striking Off Roll
  • Costs Order
  • Rule-6-12-c-reconsideration
  • Urgent-applications
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Civil Procedure [2024] ZAGPJHC 911

Tankard v Old Mutual Wealth (2024/096858)

Tankard v Old Mutual Wealth (2024/096858) [2024] ZAGPJHC 911 (10 September 2024)

An urgent application to compel disclosure of policy details and payment from an insurer was struck off the roll because urgency was not established.

  • Urgency
  • Striking Off Roll
  • Costs Reserved
  • Civil-procedure
  • Struck-off-roll
  • Costs-reserved
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Civil Procedure [2024] ZAGPJHC 909

Textton Property Fund Limited v Maxine Gunzenhauser and Company Incorporated and Others (2024/098805)

Textton Property Fund Limited v Maxine Gunzenhauser and Company Incorporated and Others (2024/098805) [2024] ZAGPJHC 909 (10 September 2024)

The High Court struck an urgent eviction application from the roll because the applicant failed to show real urgency, and ordered costs against the applicant.

  • Urgent Eviction
  • Commercial Lease Termination
  • Striking Off Roll
  • Costs Award
  • Urgent-eviction
  • Commercial-lease-termination
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Civil Procedure [2024] ZAGPJHC 983

DSM Nutrition Products South Africa v O'ROURKE and Others (2024/077172)

DSM Nutrition Products South Africa v O'ROURKE and Others (2024/077172) [2024] ZAGPJHC 983 (9 September 2024)

The High Court dismissed an application to reconsider or rescind an order striking an urgent application from the roll, with costs.

  • Urgent Application
  • Striking Off Roll
  • Rescission Of Order
  • Costs Award
  • Practice Directives
  • Urgent-application
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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.