South Africa Case Law

South African Legal Practice Council v Mabena and Another (B306/2023)

South African Legal Practice Council v Mabena and Another (B306/2023) [2024] ZAGPPHC 593 (13 May 2024)

Court

North Gauteng High Court, Pretoria

Case number

B306/2023

Judges

Flatela, C J Van der Westhuizen

The court struck an attorney from the roll after finding he misused trust funds in fraudulent property transactions, failed to keep records, and did not cooperate with a curator.

• Legal Practitioners Discipline
• Trust Account Deficit
• Money Laundering Enabling
• Fit And Proper Person
• Failure To Cooperate With Curator
• Fiduciary Duties

SA Legal Practice Council v Louw (10606/2023)

SA Legal Practice Council v Louw (10606/2023) [2024] ZAWCHC 88 (20 March 2024)

Court

Western Cape High Court, Cape Town

Case number

10606/2023

Judges

A G Binns-Ward, J Cloete

The court found that the respondent was not dishonest and had acted transparently and diligently in reporting and addressing the theft of trust funds by his employee. The deficit in the trust account was due to the employee's actions, not the respondent's misconduct. The LPC's refusal to issue a fidelity fund certificate was not justified under LPC rule 54.30, which allows for the issue of such a certificate if the practitioner provides a satisfactory explanation for a qualified audit and remains fit and proper. The court held that suspension and curatorship were not warranted in the absence…

Source excerpt

• Legal Practitioners Fidelity Fund
• Fit And Proper Person
• Qualified Audit Report
• Trust Account Deficit
• Disciplinary Proceedings

Law Society of the Northern Provinces v Samuels (12992/2017)

Law Society of the Northern Provinces v Samuels (12992/2017) [2023] ZAGPPHC 2043 (21 December 2023)

Court

North Gauteng High Court, Pretoria

Case number

12992/2017

Judges

R G Tolmay, M Baloyi-Mbembele

The High Court struck an attorney from the roll after finding he failed to account to a RAF client, retained trust funds improperly, and resisted a Law Society inspection.

• Removal From Roll
• Contingency Fee Agreement
• Trust Account Deficit
• Failure To Account
• Professional Misconduct
• Removal-from-roll

South African Legal Practice Council v Steenkamp and Others (6176/2022)

South African Legal Practice Council v Steenkamp and Others (6176/2022) [2023] ZAFSHC 368 (26 September 2023)

Court

Free State High Court, Bloemfontein

Case number

6176/2022

Judges

S Naidoo, E Mahlangu

The High Court suspended two attorneys pending investigation after a trust account deficit, alleged misconduct, and multiple unresolved complaints.

• Legal Practitioners Misconduct
• Trust Account Deficit
• Suspension Pending Investigation
• Duty Of Care
• Code Of Conduct Compliance
• Legal-practitioners-misconduct

South African Legal Practice Council v Langa and Others

South African Legal Practice Council v Langa and Others [2023] ZAGPPHC 397; 79330/2018 (31 March 2023)

Court

North Gauteng High Court, Pretoria

Case number

79330/2018

Judges

WJ du Plessis, D Makhoba

The High Court struck an attorney from the roll for repeated misconduct, trust-account deficits, failure to account, and practising without a Fidelity Fund Certificate.

• Removal From Roll
• Professional Misconduct
• Trust Account Deficit
• Failure To Account
• Fidelity Fund Certificate
• Audit Report Noncompliance

South African Legal Practice Council v Mabuse

South African Legal Practice Council v Mabuse [2023] ZAGPPHC 154; 053185/2022 (1 March 2023)

Court

North Gauteng High Court, Pretoria

Case number

053185/2022

Judges

Swanepoel, Greyvenstein

The High Court suspended a legal practitioner pending investigation after finding a prima facie case of trust-account irregularities, overreaching, and non-cooperation with the LPC.

• Legal Practitioners Conduct
• Trust Account Deficit
• Overreaching Fees
• Disciplinary Proceedings
• Non Cooperation With Investigation
• Legal-practitioners-conduct

South African Legal Practice Council v Mokgobi (13023/2020)

South African Legal Practice Council v Mokgobi (13023/2020) [2023] ZAGPPHC 22 (20 January 2023)

Court

North Gauteng High Court, Pretoria

Case number

13023/2020

Judges

N V Khumalo, M R Phooko

The High Court struck an attorney off the roll after finding repeated failures to account for client funds, a large trust deficit, and noncompliance with oversight orders.

• Legal Practitioner Misconduct
• Removal From Roll
• Trust Account Deficit
• Failure To Account
• Fiduciary Duties
• Disciplinary Proceedings

South African Legal Practice Council v Baloyi (32033/20)

South African Legal Practice Council v Baloyi (32033/20) [2021] ZAGPPHC 697 (22 October 2021)

Court

North Gauteng High Court, Pretoria

Case number

32033/20

Judges

M Mbongwe, Makweya

The High Court held that an application to strike an attorney off the roll was premature because the Legal Practice Council had not complied with the interim suspension order.

• Attorney Striking Off
• Trust Account Deficit
• Fidelity Fund Certificate
• Disciplinary Proceedings
• Attorney-striking-off
• Disciplinary-proceedings

Law Society of the Free State v Hewetson and Others (2009/2017)

Law Society of the Free State v Hewetson and Others (2009/2017) [2017] ZAFSHC 223 (15 December 2017)

Court

Free State High Court, Bloemfontein

Case number

2009/2017

Judges

Mathebula, Chesiwe

The court struck off two attorneys after finding a substantial trust account deficit, poor oversight, and misconduct in an incorporated practice.

• Fit And Proper Person
• Misappropriation Of Trust Funds
• Attorney Striking Off
• Professional Misconduct
• Trust Account Deficit
• Attorney-striking-off

Law Society of the Northern Provinces v Lourens (64651/2014)

Law Society of the Northern Provinces v Lourens (64651/2014) [2015] ZAGPPHC 56 (6 February 2015)

Court

North Gauteng High Court, Pretoria

Case number

64651/2014

Judges

Mudau, Ismail

The High Court struck an attorney off the roll after finding serious trust-account irregularities, failure to file a Rule 70 report, and practice without a fidelity fund certificate.

• Attorneys Act
• Unprofessional Conduct
• Trust Account Deficit
• Fidelity Fund Certificate
• Disciplinary Proceedings
• Attorneys-act