South Africa Case Law

National Credit Regulator v Collectnet PDA (Pty) Ltd (NCT/267892/2023/55(6))

National Credit Regulator v Collectnet PDA (Pty) Ltd (NCT/267892/2023/55(6)) [2024] ZANCT 64 (17 October 2024)

Court

National Consumer Tribunal

Case number

NCT/267892/2023/55(6)

Judges

S Hockey, A Potwana, CJ Ntsoane

The Tribunal found, on a balance of probabilities, that the respondent failed to comply with most requirements of the compliance notice issued by the NCR. The respondent's denials were largely unsupported by evidence, and its attempts at compliance were either inadequate, misconstrued, or out of time. The respondent continued to use an unlawful bank account, failed to distribute funds within the required timeframe, inaccurately reported transactions, and did not appoint an independent service provider as required. The Tribunal concluded that these repeated contraventions constituted prohibite…

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• National Credit Act Compliance
• Payment Distribution Agents
• Trust Account Requirements
• Administrative Fines
• Prohibited Conduct
• Registration Cancellation

Cape Bar Council v Visser (5722/13)

Cape Bar Council v Visser (5722/13) [2013] ZAWCHC 139 (27 August 2013)

Court

Western Cape High Court, Cape Town

Case number

5722/13

Judges

T Ndita, PAL Gamble

The court struck an advocate from the roll for misconduct after he accepted direct instructions, handled money improperly, and gave no explanation.

• Admission Of Advocates Act
• Fit And Proper Person
• Misconduct By Legal Practitioner
• Referral Practice
• Trust Account Requirements
• Advocate-misconduct

Eastern Cape Society of Advocates v Jacobs (2232/2011)

Eastern Cape Society of Advocates v Jacobs (2232/2011) [2012] ZAECPEHC 51 (20 August 2012)

Court

Eastern Cape High Court, Port Elizabeth

Case number

2232/2011

Judges

N Dambuza, G G Goosen

The High Court struck an advocate off the roll after a theft conviction, unprofessional handling of client funds, and other misconduct showing he was not fit to practise.

• Striking Off Roll
• Fit And Proper Person
• Unprofessional Conduct
• Trust Account Requirements
• Criminal Conviction
• Pyramid Scheme

Shargey NO v Magistrate Atlantis; Albertus NO (A279/2008)

Shargey NO v Magistrate Atlantis; Albertus NO (A279/2008) [2008] ZAWCHC 282 (31 October 2008)

Court

Western Cape High Court, Cape Town

Case number

A279/2008

Judges

Baartman, Traverso

The High Court dismissed an appeal against refusal to appoint a non-practising attorney as administrator of an estate under the Magistrate’s Court Act.

• Administration Order
• Magistrates Court Act
• Fiduciary Duties
• Trust Account Requirements
• Administration-order
• Trust-account-requirements

De Freitas and Another v Society of Advocates of Natal and Another (120/99)

De Freitas and Another v Society of Advocates of Natal and Another (120/99) [2001] ZASCA 9; 2001 (3) SA 750 (SCA); 2001 (6) BCLR 531 (SCA) (9 March 2001)

Court

Supreme Court of Appeal

Case number

120/99

Judges

Hefer, Smalberger, Nienaber, Cameron, Mpati

The Supreme Court of Appeal held that the referral rule, which generally prohibits advocates from accepting instructions directly from clients without attorney intervention, remains necessary and justified in the public interest. The absence of statutory trust account protection for advocates exposes clients to significant risks, and the rule serves to safeguard both the independence of the Bar and the interests of the public. The applicants' arguments based on constitutional rights and recent legislative changes were rejected, as these do not require the abandonment of the referral rule. The…

Source excerpt

• Unprofessional Conduct
• Referral Rule
• Right Of Appearance
• Trust Account Requirements
• Constitutional Right To Legal Representation