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South Africa decisions
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South African Legal Practice Council v Rencken (Reasons) (24020/2024) [2025] ZAWCHC 71 (14 February 2025)
The High Court refused to suspend an attorney pending discipline, finding no prima facie case of intentional misappropriation and no immediate public-risk basis.
Legal Practice Council of South Africa v Baloyi (32033/2020) [2024] ZAGPPHC 827 (17 July 2024)
The respondent breached several provisions of the Legal Practice Act and LPC Rules by failing to maintain proper accounting records, not submitting audit reports, and practicing without a Fidelity Fund Certificate. While the evidence did not establish dishonesty or misappropriation of trust funds on a balance of probabilities, the respondent's conduct demonstrated a lack of insight into the seriousness of his transgressions and an inability to manage trust accounts. The respondent is no longer a fit and proper person to practice for his own account. However, given the absence of proven dishon…
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South African Legal Practice Council v Sebueng (18628/2022) [2023] ZAGPPHC 1167 (15 September 2023)
The High Court suspended an attorney from practice after finding he practised without a Fidelity Fund Certificate and breached trust accounting and reporting rules.
Legal Practice Council (KwaZulu-Natal Provincial Office) v Rajkoomar and Another (5603/19P) [2023] ZAKZPHC 60 (9 June 2023)
High Court disciplinary matter against an attorney referred to oral evidence on disputed trust-account and accounting issues; costs reserved.
South African Legal Practice Council v Archary and Another [2023] ZAGPPHC 315; 23101/2021 (2 May 2023)
The court referred a striking-off application against an attorney to oral evidence, keeping her suspended while it resolves disputes over trust payments, duties, and alleged contempt.
Legal Practice Council (Kwazulu-Natal Provincial Office) v Manana and Another (8296/2022P) [2023] ZAKZPHC 45 (28 April 2023)
The court confirmed a rule nisi and removed an advocate from the roll after finding he misappropriated client trust funds and gave a false explanation.
South African Legal Practice Council v Mokoana [2023] ZAGPPHC 174; 32103/20 (9 March 2023)
An attorney was suspended for 18 months, with conditions, after failing to account to a client and failing to keep proper trust accounting records.
Nonxuba v South African Legal Practice Council and Another (11897/2022) [2022] ZAGPPHC 750 (6 October 2022)
The court dismissed an attorney’s review of the refusal of her Fidelity Fund Certificate, finding she remained a director and had not shown compliance.
Nonxuba v South African Legal Practice Council and Another (11897/22) [2022] ZAGPPHC 149 (14 March 2022)
Urgent application over refusal of a fidelity fund certificate was struck from the roll for lack of urgency and because the matter was not ripe for final relief.
South African Legal Practice Council v Ntsie (52311/19) [2022] ZAGPPHC 131 (8 March 2022)
The court found that the respondent had committed numerous contraventions of the Legal Practice Act, the Rules, and the Code of Conduct, including misappropriation and mismanagement of trust funds, failure to account to clients, practising without a fidelity fund certificate, and refusal to cooperate with investigations. The respondent failed to provide meaningful explanations or supporting evidence for the majority of complaints and relied on bare denials. The court held that the respondent's conduct amounted to dishonesty and a serious dereliction of duty, rendering him unfit to practise as…
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