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Du Plessis v Attorney's Fidelity Fund and Another (51429/12) [2014] ZAGPPHC 560 (23 July 2014)
The High Court held the Attorneys Fidelity Fund liable for theft of trust money by an attorney and awarded the plaintiff all three claims, plus interest and attorney-and-client costs.
Vaveki v S (A414/10) [2010] ZAWCHC 598 (3 December 2010)
The magistrate materially misdirected himself by imposing conditions of suspension based on an incorrect interpretation of the appellant's financial ability to comply, particularly regarding repayment of the stolen trust money. The evidence did not support the conclusion that the appellant could meet the conditions within the stipulated time. This misdirection, coupled with the failure to conduct a thorough inquiry into the appellant's financial circumstances, rendered the conditions unreasonable and undermined the purpose of a conditional sentence. The court held that, despite the appellant'…
Source excerpt
S v Jacobs [2010] ZAECGHC 93 (12 October 2010)
High Court appeal in which the theft conviction was upheld, while convictions for failure to submit a statement of affairs and fraud were set aside.
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