South Africa Case Law

South African Legal Practice Council v Selota (55157/2021)

South African Legal Practice Council v Selota (55157/2021) [2024] ZAGPPHC 934 (25 September 2024)

Court

North Gauteng High Court, Pretoria

Case number

55157/2021

Judge

Makhoba

The court found that the respondent failed to comply with the suspension order dated 7 February 2020. The respondent continued to practice as an attorney despite the order and exhausted all avenues of appeal, including an unsuccessful application to the Constitutional Court. The respondent did not provide complete accounting records and files to the curator as required. The court applied the test for contempt, finding that the respondent's non-compliance was deliberate and wilful. The applicant succeeded in proving contempt of court. The respondent was sentenced to twelve months' imprisonment…

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• Contempt Of Court
• Suspension Of Attorney
• Compliance With Court Order

Legal Practice Council v Fourie (5806/2022)

Legal Practice Council v Fourie (5806/2022) [2023] ZAFSHC 43 (10 February 2023)

Court

Free State High Court, Bloemfontein

Case number

5806/2022

Judges

Boonzaaier, Mbhele

The respondent failed to submit unqualified audit reports for multiple years, practised without a Fidelity Fund certificate, and neglected to pay mandatory membership fees, despite repeated reminders. She did not oppose the application and admitted to ceasing practice. The court found that these breaches constitute professional misconduct and that the respondent is not a fit and proper person to practise as an attorney. However, as the infractions did not involve dishonesty, suspension rather than striking off is appropriate. The suspension is subject to compliance with the Legal Practice Act…

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• Legal Practitioners Conduct
• Fidelity Fund Certificate
• Audit Report Noncompliance
• Suspension Of Attorney
• Curatorship Of Trust Accounts

Down-Touch Investments (Pty) Ltd v Mangaung Metropolitan Municipality and Others (230/2022)

Down-Touch Investments (Pty) Ltd v Mangaung Metropolitan Municipality and Others (230/2022) [2022] ZAFSHC 17 (10 February 2022)

Court

Free State High Court, Bloemfontein

Case number

1119/2020

Judges

Daffue, Mthimunye

The High Court suspended an attorney for practising without a valid Fidelity Fund Certificate, finding him unfit to practise but not warranting striking off.

• Legal Practitioners Fidelity Fund Certificate
• Professional Misconduct
• Trust Account Management
• Disciplinary Proceedings
• Fit And Proper Person
• Suspension Of Attorney

Law Society of the Northern Provinces v Bothma and Another (33739/2016)

Law Society of the Northern Provinces v Bothma and Another (33739/2016) [2019] ZAGPPHC 383 (5 September 2019)

Court

North Gauteng High Court, Pretoria

Case number

33739/2016

Judges

H.J Fabricius, Mkhawane

The High Court dismissed a rescission application and ordered the interim suspension of an attorney pending final determination of a strike-off application.

• Attorneys Act
• Disciplinary Proceedings
• Fit And Proper Person
• Suspension Of Attorney
• Promotion Of Administrative Justice Act
• Attorney-discipline

Law Society of the Free State v Majola (4776/2015)

Law Society of the Free State v Majola (4776/2015) [2016] ZAFSHC 145 (12 August 2016)

Court

Free State High Court, Bloemfontein

Case number

4776/2015

Judges

Daffue, Fischer

The High Court suspended an attorney for one year after finding repeated non-cooperation with disciplinary directives and poor handling of client trust matters.

• Attorneys Act Section 22
• Fit And Proper Requirement
• Disciplinary Proceedings
• Trust Account Management
• Failure To Cooperate
• Suspension Of Attorney

Law Society of the Free State v Radebe (5293/2015)

Law Society of the Free State v Radebe (5293/2015) [2016] ZAFSHC 97 (9 June 2016)

Court

Free State High Court, Bloemfontein

Case number

5293/2015

Judges

Rampai, Chesiwe

The court found that the respondent admitted to withdrawing funds from a deceased estate account for personal practice expenses, which constituted misconduct. However, the respondent showed remorse, reimbursed the estate, and did not intend to permanently deprive the estate of its funds. The misconduct was not driven by greed but by financial pressure, and the respondent had no prior disciplinary record. The Law Society did not immediately interdict the respondent, and his trust accounts were found to be in order. The court concluded that the respondent's conduct, while serious, did not stem…

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• Attorneys Act 53 Of 1979
• Fit And Proper Person
• Disciplinary Proceedings
• Misappropriation Of Trust Funds
• Suspension Of Attorney

Law Society, Northern Provinces v Thirion (71294/2014)

Law Society, Northern Provinces v Thirion (71294/2014) [2015] ZAGPPHC 204 (16 April 2015)

Court

North Gauteng High Court, Pretoria

Case number

71294/2014

Judges

E M Kubushi, S Potterill

The High Court suspended an attorney from practice after finding repeated administrative failures, including missing reports, lack of a Fidelity Fund certificate, and poor practice closure.

• Attorney Misconduct
• Fitness To Practice
• Suspension Of Attorney
• Fidelity Fund Certificate
• Professional Conduct
• Attorney-misconduct

Law Society of the Northern Provinces v Mabaso (67671/2010)

Law Society of the Northern Provinces v Mabaso (67671/2010) [2013] ZAGPPHC 377 (20 December 2013)

Court

North Gauteng High Court, Pretoria

Case number

67671/2010

Judges

Twala, Mabuse

The court found that the respondent had misappropriated trust funds and contravened the Attorneys Act and the Law Society's rules. Although these transgressions are serious, the respondent was not found guilty of dishonesty and demonstrated willingness to learn and improve. The court determined that the respondent is not a fit and proper person to practise as an attorney at present, but the extreme penalty of striking off is not warranted. Instead, a further period of suspension and restrictions on practising for his own account are appropriate to protect the public and allow the respondent a…

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• Attorneys Act
• Misappropriation Of Trust Funds
• Fit And Proper Person
• Disciplinary Proceedings
• Suspension Of Attorney