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South Africa decisions
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South African Legal Practice Council v Ramdin (26408/2021) [2024] ZAGPPHC 633 (25 June 2024)
The High Court struck an attorney off the roll after finding she misled clients, mishandled trust funds, failed to cooperate with the LPC, and was dishonest.
Molose N.O and Others v Nonxuba and Others (1440/2023; 1441/2023) [2023] ZAECELLC 38; 2024 (3) SA 145 (ECEL) (5 December 2023)
The applicants failed to establish, even on a prima facie basis, that Nonxuba Inc stole the trust funds or that there is a shortfall in the trust account. The evidence shows a credit balance sufficient to cover the applicants' claims. Without direct evidence of theft or a deficit, no debt as envisaged by section 9(1) of the Insolvency Act has been established. The applicants also did not demonstrate factual insolvency of Nonxuba Inc or the respondents. Section 19(3) of the Companies Act applies to contractual debts, and while the mandate to recover damages created a contractual relationship,…
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Legal Practice Council v Mokhele (3312/2022) [2022] ZAFSHC 241 (14 September 2022)
The High Court dismissed the Legal Practice Council’s urgent bid to suspend an attorney and appoint a curator bonis, but ordered disciplinary proceedings to be finalised by 31 October 2022.
Prokureursorde van die Noordelike Provinsies v Botha en Ander (41168/2008) [2012] ZAGPPHC 47 (24 February 2012)
The court removed an attorney from the roll after serious trust-account misconduct, failure to account to clients, and inadequate explanations despite claimed rehabilitation.
Law Society of the Northern Provinces v Peete and Another (36282/05) [2010] ZAGPPHC 161 (18 October 2010)
The court struck an attorney off the roll after finding repeated client complaints, failures to account, practice without a Fidelity Fund Certificate, and other serious misconduct.
Law Society of the Northern Provinces (Incorporated as the Law Society of the Transvaal) v Mahlangu and Others (20901/2003) [2005] ZAGPHC 343 (22 November 2005)
The court suspended the second respondent attorney for six months, with conditions, after finding serious bookkeeping and Fidelity Fund compliance failures.
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