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South Africa Case Law

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Civil Procedure [2020] ZAGPPHC 325

South African Legal Practice Council v Etsebeth (66994/19)

South African Legal Practice Council v Etsebeth (66994/19) [2020] ZAGPPHC 325 (23 April 2020)

The High Court confirmed the suspension of an attorney and struck him from the roll after finding multiple breaches of trust-account and professional duties.

  • Legal Practice Act
  • Trust Account Shortage
  • Breach Of Code Of Conduct
  • Removal From Roll
  • Failure To Account
  • Attorney-discipline
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Civil Procedure [2015] ZAGPPHC 212

Law Society of the Northern Provinces v Wilkinson (45601/2014)

Law Society of the Northern Provinces v Wilkinson (45601/2014) [2015] ZAGPPHC 212 (20 April 2015)

The High Court struck an attorney from the roll for failing to account for entrusted funds, mismanaging trust monies, and advancing an unsupported set-off claim.

  • Attorneys Act
  • Trust Account Shortage
  • Professional Misconduct
  • Fit And Proper Person
  • Disciplinary Sanction
  • Attorney-discipline
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Civil Procedure [2014] ZAGPPHC 692

Law Society of the Northern Provinces v Mnisi (15439/14)

Law Society of the Northern Provinces v Mnisi (15439/14) [2014] ZAGPPHC 692 (9 September 2014)

The High Court removed an attorney from the roll after he practised without a Fidelity Fund Certificate, mishandled trust money, and failed to account to a client.

  • Attorneys Act
  • Trust Account Shortage
  • Unprofessional Conduct
  • Removal From Roll
  • Fidelity Fund Certificate
  • Attorneys-act
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Civil Procedure [2013] ZAGPPHC 57

Law Society of the Northern Provinces v van der Merwe (9644/12)

Law Society of the Northern Provinces v van der Merwe (9644/12) [2013] ZAGPPHC 57 (15 February 2013)

Unopposed striking-off application against an attorney for trust account shortages, non-accounting for client funds, and failure to cooperate with the Law Society.

  • Striking Off Attorney
  • Trust Account Shortage
  • Fit And Proper Person
  • Curatorship Of Practice
  • Striking-off-attorney
  • Trust-account-shortage
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Civil Procedure [2008] ZASCA 91

Van Eeden and Another v Prokureursorde van die Noordelike Provinsies and Another (557/2007)

Van Eeden and Another v Prokureursorde van die Noordelike Provinsies and Another (557/2007) [2008] ZASCA 91; [2009] 1 All SA 477 (SCA) (12 September 2008)

The Supreme Court of Appeal held that the appellant failed to discharge the burden of proving that he was a fit and proper person to be re-admitted as an attorney. The court found that the probabilities overwhelmingly indicated that the appellant, with the assistance of his father, was responsible for the disappearance of the firm's accounting records, which was intended to frustrate the investigation into trust account shortages. The appellant's explanations regarding the missing records were inconsistent and unconvincing, and his conduct in forcibly entering the offices and attempting to re…

  • Attorneys Act Section 15
  • Re Admission Of Attorneys
  • Trust Account Shortage
  • Fitness To Practice
  • Burden Of Proof
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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.