South Africa Case Law

Macheka v S (A13/2019)

Macheka v S (A13/2019) [2019] ZAFSHC 154; 2020 (1) SACR 189 (FB) (29 August 2019)

Court

Free State High Court, Bloemfontein

Case number

A13/2019

Judges

Mhlambi, Chesiwe

The appellant, as an attorney, owed a duty of care to safeguard trust funds and act in accordance with the instructions of the trust creditor. The evidence established that the appellant appropriated the complainant's funds for his own benefit, failed to honour an acknowledgement of debt, and could not account for the deficit in the trust account. The trial court's findings on credibility and conviction were correct, and the appellant's rights to a fair trial were not infringed as the State could not provide particulars it did not possess. The sentence imposed was appropriate given the seriou…

Source excerpt

• Theft Of Trust Funds
• Attorneys Fidelity Fund
• Duty Of Care
• Sentencing Principles
• Fair Trial Rights

Probest Projects (Pty) Ltd v The Attorneys, Notaries and Conveyancers Fidelity Guarantee Fund (20761/2014)

Probest Projects (Pty) Ltd v The Attorneys, Notaries and Conveyancers Fidelity Guarantee Fund (20761/2014) [2015] ZASCA 192 (30 November 2015)

Court

Supreme Court of Appeal

Case number

20761/2014

Judges

Cachalia, Shongwe, Tshiqi, Swain, Baartman

The SCA held that Probest only learned of the theft in late November 2009, so the Fund failed to prove late notice under s 48(1)(a).

• Attorneys Act Section 48
• Theft Of Trust Funds
• Special Plea
• Onus Of Proof
• Knowledge Of Theft
• Attorneys-act

Centurion Bus Manufactures (Pty) Ltd v The Attorney Fidelity Fund (25357/2010)

Centurion Bus Manufactures (Pty) Ltd v The Attorney Fidelity Fund (25357/2010) [2012] ZAWCHC 277 (26 July 2012)

Court

Western Cape High Court, Cape Town

Case number

25357/2010

Judge

Allie

The High Court held that plaintiffs gave timeous notice under the Attorneys Act after learning enough to conclude their attorney had stolen trust funds.

• Attorneys Fidelity Fund
• Notice Requirements
• Theft Of Trust Funds
• Condonation Of Late Notice
• Attorneys-fidelity-fund
• Notice-requirements

Malatji v S (A966/04)

Malatji v S (A966/04) [2010] ZAGPPHC 220 (9 December 2010)

Court

North Gauteng High Court, Pretoria

Case number

A966/04

Judges

Msimeki, Ebersohn

The court found that the appellant received R150,000.00 into his trust account, which was to be held in trust until all conditions of the JV agreement were met and the Department of Housing accepted the agreement. The conditions were never fulfilled, and the money was not refunded to Dikgoro as required. The appellant failed to account for the funds, did not provide proof of payment, and his explanations were improbable and contradicted by credible State witnesses. The magistrate's conduct in questioning the appellant and his witness did not amount to irregularity or unfairness; the questions…

Source excerpt

• Theft Of Trust Funds
• Attorneys Act Contravention
• Misappropriation Of Trust Money
• Fair Trial Rights
• Judicial Conduct
• Sentencing Discretion