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South Africa decisions
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Law Society of the Free State v Neuman (5501/2016) [2017] ZAFSHC 219 (19 October 2017)
High Court struck an attorney off the roll for practising without a fidelity fund certificate and for repeated failures to account to clients.
Law Society of the Free State v Du Toit (5206/2014) [2015] ZAFSHC 53 (12 March 2015)
The court found that the respondent had committed multiple serious professional transgressions, including practising without a fidelity fund certificate, submitting improper or no trust audit reports, and failing to account to clients for substantial sums of money. These breaches were proved on a preponderance of probabilities and constituted wilful and intentional disregard of statutory provisions and professional rules. The respondent's conduct was found to be ethically deplorable, incompatible with the standards expected of attorneys, and posed a serious risk to the public. The respondent…
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Motague Goldsmith and Another v Gihwala and Others (10547/2008) [2010] ZAWCHC 426 (18 June 2010)
The court ordered respondents to render a full account, with vouchers, of funds used in the Scharrig Mining investment and to proceed to debatement.
Van Rooyen NO v Rorich Wolmarans & Luderitz Inc (32335/2004) [2007] ZAGPHC 49 (3 May 2007)
The High Court dismissed a claim against attorneys over cheque payments to a trustee-linked company, finding no proven negligence, causation, or prescription.
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