South Africa Case Law

South African Legal Practice Council v Selota (43012/2018)

South African Legal Practice Council v Selota (43012/2018) [2025] ZAGPPHC 475 (15 May 2025)

Court

North Gauteng High Court, Pretoria

Case number

43012/2018

Judges

Davis, Khumalo

The court found that the respondent committed repeated and serious breaches of professional duties, including practicing without a Fidelity Fund certificate, maintaining trust account deficits, failing to keep proper accounting records, overreaching clients under contingency fee agreements, touting, and failing to account or pay clients timeously. The respondent's explanations were evasive, lacked credibility, and demonstrated a pattern of dishonesty and lack of insight. The cumulative effect of these transgressions rendered the respondent no longer fit and proper to practice law. The court h…

Source excerpt

• Legal Practitioner Misconduct
• Trust Account Deficits
• Contingency Fee Act Breaches
• Overreaching
• Failure To Account
• Striking Off Application

South African Legal Practice Council v Cheune and Another (21876/20)

South African Legal Practice Council v Cheune and Another (21876/20) [2020] ZAGPPHC 774 (22 December 2020)

Court

North Gauteng High Court, Pretoria

Case number

21876/20

Judges

M P Motha, M J Teffo

The court struck an attorney from the roll after finding serious misconduct, trust account deficits, failure to account to clients, and practice without a Fidelity Fund Certificate.

• Attorney Misconduct
• Trust Account Deficits
• Fidelity Fund Certificate
• Disciplinary Proceedings
• Client Funds Misappropriation
• Failure To Account

Hepple and Others v Law Society of The Northern Provinces (507/2013)

Hepple and Others v Law Society of The Northern Provinces (507/2013) [2014] ZASCA 75; [2014] 3 All SA 408 (SCA) (29 May 2014)

Court

Supreme Court of Appeal

Case number

507/2013

Judges

Mthiyane, Ponnan, Saldulker, Hancke, Mathopo

The Supreme Court of Appeal found that the Law Society had established, on a balance of probabilities, that Hepple and Earle engaged in serious misconduct, including misappropriation of trust funds, manipulation of bank reconciliation statements, and irregular investment activities resulting in trust deficits. Both failed to provide convincing explanations or accept responsibility, and their conduct demonstrated a lack of honesty and integrity required of attorneys. The court held that both were not fit and proper persons to continue practising and that striking off, rather than suspension, w…

Source excerpt

• Attorneys Act Striking Off
• Misappropriation Of Trust Funds
• Professional Misconduct
• Trust Account Deficits
• Investment Practice Regulation
• Disciplinary Proceedings

Law Society of the Northern Provinces v Bester (53020/2009)

Law Society of the Northern Provinces v Bester (53020/2009) [2010] ZAGPPHC 94 (3 August 2010)

Court

North Gauteng High Court, Pretoria

Case number

53020/2009

Judges

Potterill, Ebersohn

The High Court struck an attorney from the roll after finding trust-account misconduct, poor records, and non-cooperation with the Law Society's investigation.

• Attorneys Act
• Professional Misconduct
• Trust Account Deficits
• Disciplinary Proceedings
• Removal From Roll
• Costs Order

Van Eeden v Prokureursorde van die Noordelike Provinsies en 'n Ander (17108/03)

Van Eeden v Prokureursorde van die Noordelike Provinsies en 'n Ander (17108/03) [2007] ZAGPHC 145 (8 August 2007)

Court

High Courts - Gauteng

Case number

17108/03

Judges

B R Du Plessis, Z Ebersohn

An attorney sought readmission after being struck off over trust account concerns, but the court found he had not proved there was no deficit or that he was fit and proper.

• Attorney Striking Off
• Re Admission Of Attorneys
• Trust Account Deficits
• Burden Of Proof
• Professional Misconduct
• Attorney-striking-off