South Africa Case Law

Clinton v Limpopo Provincial Legal Council (2659/2020)

Clinton v Limpopo Provincial Legal Council (2659/2020) [2025] ZALMPPHC 99 (15 May 2025)

Court

Limpopo High Court, Polokwane

Case number

2659/2020

Judge

Mathabathe

The court found that the applicant failed to establish any legal basis for review or setting aside of the respondent's decision. The appointment of Mr. Reddy as investigator was lawful under Rule 50 of the Legal Practice Council Rules, which allows the Board to appoint any qualified person for inspection of accounting records. The applicant's reliance on Rule 38.4 was misplaced, as it pertains to investigation committees, not inspections of trust accounts. The respondent's resolution to suspend the applicant and refer the matter to court did not constitute administrative action under PAJA, as…

Source excerpt

• Legal Practitioners Discipline
• Review Of Administrative Action
• Trust Account Misappropriation
• Appointment Of Investigator

South African Legal Practice Council v Motholo and Another (37828/22)

South African Legal Practice Council v Motholo and Another (37828/22) [2024] ZAGPPHC 167 (20 February 2024)

Court

North Gauteng High Court, Pretoria

Case number

37828/22

Judge

N V Khumalo

The High Court dismissed an application to revive a lapsed rule nisi, holding that Rule 27(4) did not apply because the matter was not enrolled on the return date.

• Rule Nisi Lapse
• Revival Of Interim Orders
• Trust Account Misappropriation
• Fidelity Fund Certificate
• Court Directives Non Compliance
• Rule-nisi

Mohalalelo v John Tsietsi Aphiri t/a Aprhiri Attorneys (67331/2018)

Mohalalelo v John Tsietsi Aphiri t/a Aprhiri Attorneys (67331/2018) [2022] ZAGPPHC 568 (27 July 2022)

Court

North Gauteng High Court, Pretoria

Case number

67331/2018

Judge

Holland-Muter

The High Court dismissed a recusal application, found no basis for bias or hostility, and ordered the defendant to pay wasted costs after late interlocutory steps delayed trial.

• Recusal Of Judge
• Trust Account Misappropriation
• Costs Award
• Interlocutory Application
• Medical Examination
• Plea Amendment

South African Legal Practice Council v Harper and Another (51846/2021)

South African Legal Practice Council v Harper and Another (51846/2021) [2021] ZAGPJHC 829 (21 December 2021)

Court

South Gauteng High Court, Johannesburg

Case number

51846/2021

Judges

Sutherland, Mia

Urgent relief against an attorney over trust-account misappropriation was partly granted: the court appointed a curator, but refused suspension or striking off.

• Legal Practitioners Discipline
• Trust Account Misappropriation
• Urgent Interim Relief
• Appointment Of Curator
• Fit And Proper Person Test
• Attorney-discipline

South African Legal Practice Council v Mametja (16829/2020)

South African Legal Practice Council v Mametja (16829/2020) [2021] ZAGPPHC 862 (17 December 2021)

Court

North Gauteng High Court, Pretoria

Case number

16829/2020

Judges

LC Haupt, B Neukircher

The court struck an attorney from the roll for failing to account for trust funds, practicing without a Fidelity Fund Certificate, and ignoring regulatory oversight.

• Legal Practitioner Discipline
• Trust Account Misappropriation
• Fidelity Fund Certificate
• Failure To Account
• Professional Misconduct
• Curatorship Of Trust Accounts

Blumberg v Legal Practitioners' Fidelity Fund (36192/2020)

Blumberg v Legal Practitioners' Fidelity Fund (36192/2020) [2021] ZAGPPHC 589 (14 September 2021)

Court

North Gauteng High Court, Pretoria

Case number

36192/2020

Judge

Makhoba

The High Court dismissed Blumberg’s claim against the Legal Practitioners’ Fidelity Fund, upholding objections based on Rule 53, lateness, theft, and non-joinder.

• Attorneys Act Claims
• Trust Account Misappropriation
• Rule 53 Review
• Non Joinder
• Prescription Of Claims
• Rule-53-review

South African Legal Practice Council v Majola (2260/2019)

South African Legal Practice Council v Majola (2260/2019) [2021] ZAECGHC 82 (7 September 2021)

Court

Eastern Cape High Court, Grahamstown

Case number

2260/2019

Judges

N G Beshe, J M Roberson

The High Court struck an attorney off the roll after finding he failed to account properly for client funds in three property matters and was not fit to practise.

• Legal Practitioner Misconduct
• Fit And Proper Person Test
• Trust Account Misappropriation
• Disciplinary Proceedings
• Legal Practice Act
• Striking Off Roll

KwaZulu-Natal Law Society v Khumalo and Another (592/17P)

KwaZulu-Natal Law Society v Khumalo and Another (592/17P) [2020] ZAKZPHC 3 (27 January 2020)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

592/17P

Judges

Henriques, Jappie

High Court strike-off case against an attorney for fraudulent audit reports, trust-account discrepancies, and alleged misappropriation of trust money.

• Attorneys Act Strike Off
• Trust Account Misappropriation
• Audit Report Fraud
• Fit And Proper Person Test
• Disciplinary Proceedings
• Fiduciary Duties

Law Society for the Northern Provinces v Melamed (44638/2018)

Law Society for the Northern Provinces v Melamed (44638/2018) [2019] ZAGPPHC 1091 (21 November 2019)

Court

North Gauteng High Court, Pretoria

Case number

44638/2018

Judges

Neukircher, Kumalo

The respondent's conduct, including persistent failure to account for trust funds, disregard for court orders, lack of forthrightness, and failure to accept responsibility, constitutes egregious professional misconduct. The compounding effect of these transgressions demonstrates that the respondent is not a fit and proper person to continue practising as an attorney. Suspension is inappropriate as the misconduct is severe and ongoing, and there is no indication that the respondent has remedied the underlying causes. The only suitable sanction is striking the respondent's name off the roll of…

Source excerpt

• Attorney Misconduct
• Trust Account Misappropriation
• Fidelity Fund Certificate
• Failure To Account
• Contempt Of Court

Law Society of the Northern Provinces v Mphela (2018/61533)

Law Society of the Northern Provinces v Mphela (2018/61533) [2019] ZAGPPHC 609 (12 November 2019)

Court

North Gauteng High Court, Pretoria

Case number

2018/61533

Judges

Mokose, Mothle

The High Court struck an attorney off the roll after finding a large trust deficit, poor accounting records, and conduct showing he was not fit to practise.

• Attorneys Act Striking Off
• Trust Account Misappropriation
• Professional Misconduct
• Fit And Proper Test
• Attorneys-act-striking-off
• Trust-account-misappropriation