South Africa Case Law

South African Legal Practice Council v De La Hunt and Another (35120/2022; 35119/2022)

South African Legal Practice Council v De La Hunt and Another (35120/2022; 35119/2022) [2025] ZAGPPHC 203 (5 March 2025)

Court

North Gauteng High Court, Pretoria

Case number

35120/2022; 35119/2022

Judges

Janse Van Nieuwenhuizen, Kekana

The High Court uplifted the suspension of two attorneys after misconduct over fidelity fund certificates and auditor reports, but barred them from practice on own account.

• Attorney Misconduct
• Fidelity Fund Certificate
• Failure To Submit Auditors Reports
• Unprofessional Conduct
• Fit And Proper Person
• Sanction For Professional Misconduct

R.D.P and Others v T.F (2025/000269)

R.D.P and Others v T.F (2025/000269) [2025] ZAGPJHC 75 (3 February 2025)

Court

South Gauteng High Court, Johannesburg

Case number

2025/000269

Judge

M Abro

The court held that an attorney who remains on record must continue acting unless formally withdrawn, and her non-appearance prompted postponement and referral concerns.

• Attorney Withdrawal
• Duty To Court
• Unprofessional Conduct
• Representation Of Minors
• Attorney-withdrawal
• Duty-to-court

Mazibo v Mahlangu and Others (038392/2023)

Mazibo v Mahlangu and Others (038392/2023) [2024] ZAGPJHC 975 (30 September 2024)

Court

South Gauteng High Court, Johannesburg

Case number

038392/2023

Judge

MA Makume

The High Court dismissed a recusal application and leave to appeal after finding allegations of bias against the judge were unfounded and the plea attacks irrelevant.

• Recusal Of Judge
• Exception Procedure
• Leave To Appeal
• Costs Order
• Unprofessional Conduct
• Judicial-recusal

Dowley v Health Professions Council of South Africa (A75/2023)

Dowley v Health Professions Council of South Africa (A75/2023) [2024] ZAGPPHC 305 (28 March 2024)

Court

North Gauteng High Court, Pretoria

Case number

A75/2023

Judges

Baqwa, Le Grange

The High Court upheld an appeal by a non-practicing optometrist, holding that the touting rules did not apply to him and setting aside the disciplinary finding.

• Health Professions Act
• Unprofessional Conduct
• Touting
• Interpretation Of Ethics Rules
• Health-professions-act
• Unprofessional-conduct

Taljaard v Health Professions Council of South Africa and Others (007920/2022)

Taljaard v Health Professions Council of South Africa and Others (007920/2022) [2023] ZAGPPHC 1987 (13 December 2023)

Court

North Gauteng High Court, Pretoria

Case number

007920/2022

Judge

Retief

The court found that the Committee's decision to dismiss the applicant's discharge application was materially influenced by a mistaken belief that refusing discharge would ensure the applicant testified in rebuttal. This reasoning was irrational and invalid under PAJA. The applicant's constitutional rights to remain silent and to a fair hearing were not automatically infringed by the decision, as the right to remain silent diminishes once a prima facie case is established, and the accused must elect whether to rebut the case. The review was not premature, as the internal remedy under regulati…

Source excerpt

• Promotion Of Administrative Justice Act
• Unprofessional Conduct
• Condonation
• Internal Remedies
• Prima Facie Case

Society of Advocates of Polokwane v Maluleke and Another (7113/2017)

Society of Advocates of Polokwane v Maluleke and Another (7113/2017) [2023] ZALMPPHC 13 (17 March 2023)

Court

Limpopo High Court, Polokwane

Case number

7113/2017

Judges

Ranchod, Mashile

The court found that Mr Maluleke's conduct, including misappropriation of client funds, intimidation of colleagues, and perjury in his admission affidavit, was established on a balance of probabilities and remained uncontroverted due to his failure to file any answering affidavit. His repeated abuse of court process through frivolous interlocutory applications and contemptuous behaviour towards the bench further demonstrated a lack of integrity and respect for the profession. The court weighed these facts against the standards expected of legal practitioners and concluded that Mr Maluleke was…

Source excerpt

• Striking Off Roll
• Fit And Proper Person
• Unprofessional Conduct
• Perjury
• Disciplinary Proceedings

H v B (2016/10540)

H v B (2016/10540) [2022] ZAGPJHC 844 (31 October 2022)

Court

South Gauteng High Court, Johannesburg

Case number

2016/10540

Judge

Spilg

The High Court postponed execution of a contempt warrant pending ABSA account statements and ordered the defendant to pay punitive costs.

• Contempt Of Court
• Financial Disclosure
• Discovery Affidavit
• Costs Order
• Unprofessional Conduct
• Contempt-of-court

Visagie v Health Professions Council of South Africa and Others (22547/2020)

Visagie v Health Professions Council of South Africa and Others (22547/2020) [2022] ZAGPPHC 552 (26 July 2022)

Court

North Gauteng High Court, Pretoria

Case number

22547/2020

Judge

Potterill

The court found that the Conduct Committee's decision was materially influenced by errors of law, specifically in its approach to expert evidence and the onus of proof. The Committee failed to provide adequate reasons for preferring one expert's evidence over another and wrongly placed the burden of proof on the applicant. The finding of guilty of 'unprofessional conduct' was not sufficiently specified as either improper or disgraceful conduct, which is required by the Act. Furthermore, the Committee's finding of guilty on both the main and alternative charges was legally untenable. The appli…

Source excerpt

• Promotion Of Administrative Justice Act
• Exhaustion Of Internal Remedies
• Disciplinary Proceedings
• Onus Of Proof
• Expert Evidence
• Unprofessional Conduct

Naidoo v KwaZulu-Natal Law Society and Another (D9060/2018D)

Naidoo v KwaZulu-Natal Law Society and Another (D9060/2018D) [2021] ZAKZDHC 30 (31 August 2021)

Court

Kwazulu-Natal High Court, Durban

Case number

D9060/2018D

Judge

Lopes

The High Court dismissed a review of a Law Society complaints decision against an attorney, finding no proof that privileged documents were disclosed or ignored.

• Promotion Of Administrative Justice Act
• Judicial Review
• Attorney Client Privilege
• Unprofessional Conduct
• Judicial-review
• Attorney-client-privilege

South African Legal Practice Council v Singh (26408/2021)

South African Legal Practice Council v Singh (26408/2021) [2021] ZAGPPHC 552 (18 August 2021)

Court

North Gauteng High Court, Pretoria

Case number

26408/2021

Judge

Basson

The High Court suspended an attorney pending a striking-off inquiry after finding serious trust-account shortages, no Fidelity Fund Certificate, and non-cooperation with the Legal Practice Council.

• Legal Practitioner Discipline
• Trust Account Shortages
• Fidelity Fund Certificate
• Unprofessional Conduct
• Urgent Interdict
• Legal-practitioner-discipline