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South Africa decisions
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Dowley v Health Professions Council of South Africa (A75/2023) [2024] ZAGPPHC 305 (28 March 2024)
The High Court upheld an appeal by a non-practicing optometrist, holding that the touting rules did not apply to him and setting aside the disciplinary finding.
Law Society of the Northern Provinces v Sonntag (189/2011) [2011] ZASCA 204; 2012 (1) SA 372 (SCA) (25 November 2011)
The Supreme Court of Appeal struck an attorney off the roll for employing touts, sharing fees and office space, and acting dishonestly in third-party claims work.
Malan and Another v Law Society of the Northern Provinces (568/2007) [2008] ZASCA 90; 2009 (1) SA 216 (SCA) ; [2009] 1 All SA 133 (SCA) (12 September 2008)
The Supreme Court of Appeal held that the High Court correctly exercised its discretion in striking the appellants from the roll of attorneys. The appellants' conduct, including large-scale touting, failure to maintain proper trust accounts, and allowing non-professionals to perform legal work, demonstrated a lack of integrity, judgment, and insight, rendering them unfit to practise. The court found that the aggravating factors outweighed any extenuating circumstances, and that suspension would not adequately protect the public. The appellants failed to propose any conditions of suspension th…
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Law Society of the Cape of Good Hope v Berrange (3475/04) [2005] ZAWCHC 41; 2005 (5) SA 160 (C); [2006] 1 All SA 290 (C) (9 June 2005)
The High Court found that an attorney’s marketing agreements with estate agencies were a disguised scheme to secure referral work and suspended him for two years.
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