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Civil Procedure [2024] ZAGPPHC 629

South African Legal Practice Council v Mkhabela (455589-2023)

South African Legal Practice Council v Mkhabela (455589-2023) [2024] ZAGPPHC 629 (20 June 2024)

The High Court struck an attorney off the roll for practising without a Fidelity Fund Certificate, misappropriating trust funds, and manipulating records.

  • Legal Practitioner Misconduct
  • Striking Off
  • Trust Account Irregularities
  • Fidelity Fund Certificate
  • Dishonesty
  • Legal Practice Act
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Civil Procedure [2024] ZAGPPHC 383

Molatoli v Legal Practice Council and Another (2024/037762; 2024/027752)

Molatoli v Legal Practice Council and Another (2024/037762; 2024/027752) [2024] ZAGPPHC 383 (9 April 2024)

The High Court dismissed a stay application and suspended a legal practitioner after evidence showed trust account irregularities, falsified records, and misappropriation.

  • Legal Practitioners Misconduct
  • Trust Account Irregularities
  • Suspension Of Practitioner
  • Review Of Administrative Action
  • Bridging Finance Misappropriation
  • Legal-practitioners-misconduct
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Civil Procedure [2023] ZAWCHC 290

Legal Practice Council v Ahmed (11940/2023)

Legal Practice Council v Ahmed (11940/2023) [2023] ZAWCHC 290 (1 November 2023)

The court suspended an attorney pending disciplinary proceedings for alleged fraud, trust-account breaches, threats to clients, and other serious misconduct.

  • Legal Practitioners Misconduct
  • Trust Account Irregularities
  • Fraudulent Documents
  • Disciplinary Proceedings
  • Curator Bonis Appointment
  • Legal-practitioners-misconduct
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Civil Procedure [2022] ZAWCHC 105

South African Legal Practice Council and Another v Nonxuba and Others (10313/2021)

South African Legal Practice Council and Another v Nonxuba and Others (10313/2021) [2022] ZAWCHC 105 (18 April 2022)

The court suspended an attorney pending strike-off proceedings after finding prima facie trust-account irregularities and fabricated accounting records, and appointed a curator.

  • Attorney Suspension
  • Trust Account Irregularities
  • Legal Practitioners Act
  • Curatorship
  • Professional Misconduct
  • Attorney-suspension
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Civil Procedure [2021] ZAGPPHC 799

South African Legal Practice Council formerly Law Society of the Northern Provinces v Mothuloe and Another (76471/2018)

South African Legal Practice Council formerly Law Society of the Northern Provinces v Mothuloe and Another (76471/2018) [2021] ZAGPPHC 799 (23 November 2021)

The court struck an attorney from the roll for practising without a fidelity fund certificate, failing to produce records, and serious trust-account misconduct.

  • Attorneys Act
  • Fidelity Fund Certificate
  • Professional Misconduct
  • Trust Account Irregularities
  • Contempt Of Court
  • Disciplinary Proceedings
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Civil Procedure [2020] ZAGPPHC 785

Law Society of the Northern Provinces v Zwiegers (12993/2017)

Law Society of the Northern Provinces v Zwiegers (12993/2017) [2020] ZAGPPHC 785 (22 December 2020)

The High Court struck an attorney from the roll after finding repeated trust-account irregularities, poor accounting, dishonesty, and non-compliance with court orders.

  • Attorneys Act Section 22
  • Professional Misconduct
  • Trust Account Irregularities
  • Fitness And Propriety
  • Disciplinary Proceedings
  • Attorneys-act
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Civil Procedure [2020] ZAGPPHC 515

South African Legal Practice Council v Phooka (75966/2018)

South African Legal Practice Council v Phooka (75966/2018) [2020] ZAGPPHC 515 (31 July 2020)

The court removed an attorney from the roll after finding repeated professional misconduct, including practising without authority, trust account irregularities, and disregard of a court order.

  • Removal From Roll
  • Fit And Proper Person
  • Attorneys Act
  • Professional Misconduct
  • Trust Account Irregularities
  • Condonation
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Civil Procedure [2020] ZAGPPHC 85

Selota v South African Legal Practice Council (85227/2019)

Selota v South African Legal Practice Council (85227/2019) [2020] ZAGPPHC 85 (9 March 2020)

The court found that the applicant failed to provide a satisfactory explanation and supporting documentation for the trust account irregularities, specifically the debit balances and journal entries. The audit report remained qualified, and the applicant did not comply with Rule 54.30 and Chapter 7 of the Legal Practice Act. The respondent was not satisfied that the trust account was in order, and the applicant did not follow the correct procedure by bringing a review application under PAJA. The court held that the applicant was not entitled to the relief sought and that his conduct warranted…

  • Fidelity Fund Certificate
  • Legal Practice Act
  • Trust Account Irregularities
  • Qualified Audit Report
  • Administrative Action Review
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Civil Procedure [2019] ZAGPPHC 512

Law Society of the Northern Provinces v Venter (29697/2017)

Law Society of the Northern Provinces v Venter (29697/2017) [2019] ZAGPPHC 512 (9 October 2019)

The High Court found an attorney unfit to remain on the roll but, because dishonesty was not proved and he had retired, ordered a three-year suspension and costs.

  • Attorneys Act Section 22
  • Professional Misconduct
  • Trust Account Irregularities
  • Fit And Proper Person
  • Disciplinary Sanctions
  • Attorneys-act
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Civil Procedure [2019] ZAGPPHC 560

Law Society of the Northern Provinces v Nkhwashu and Others (79331/2018)

Law Society of the Northern Provinces v Nkhwashu and Others (79331/2018) [2019] ZAGPPHC 560 (19 September 2019)

The High Court struck an attorney off the roll after uncontested allegations of fraud, money laundering, and trust account misconduct.

  • Removal From Roll
  • Professional Misconduct
  • Trust Account Irregularities
  • Money Laundering
  • Fraud
  • Disciplinary Proceedings
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.