Category: Legal practitioners

Twiddling thumbs decried: LPC ordered to report

Legal Practice Council v Van Wyk Twiddling thumbs by LPC decried by high court which stated at “70. As a result, it has unfortunately become necessary for the Court, in the exercise of its powers in matter such as these to...

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Perusing legal documents: Taxing fees of attorneys

Strauss Daly v MEC: Health KwaZulu-Natal Taxation of bill for perusing legal documents and high court pointed out that irrespective of whether a ten-hour day is correct or not, it is irrefutable that the plaintiff contends that...

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Advocate fees liability: Attorney must pay fees

Solomon SC v Junkeeparsad Regarding liability for advocates fees the high court confirmed that the attorney may legally be sued personally and a judgment can legally be entered against him because he instructed counsel as...

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Business rescue practitioners: Payments voided

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

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Privacy rights confirmed: Surveillance and interception?

AmaBhungane CIJ NPC v Minister of Justice and Correctional Services Privacy rights confirmed by constitutional court and pointed out that state agencies are empowered to “gather, correlate, evaluate and analyse” intelligence and...

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Advocate readmission refused: Standing of legal bodies

For subscribers only Whilst some judgment summaries are available to all, this judgment summary is reserved for subscribers only. If you are already a subscriber, you can login to see this judgment summary. If you cannot login,...

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Disciplinary process outlined: Three-stage inquiry explained

SA Legal Practice Council v REC Full bench of the high court outlined the sui generis nature of the disciplinary process and stressed that when considering whether an attorney ought to be removed from the roll or suspended from...

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Magistrate recusing himself: Reviewed and set aside

M J Vermeulen Inc. v Engelbrecht NO The magistrate’s subjective discomfiture about continuing with the trial and recusing himself ‘did not afford a proper basis for him to recuse himself, and his decision to do so...

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Irrevocable power of attorney: Securing a debt

Smit v Origize 166 Strand Real Estate (Pty) Ltd SCA considered our law stretching back more than 125 years to the point where it was developed and established the principle that a power of attorney given as security for a debt...

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Covid-19 lawyers chastised: Deprived of fees

Administrator of Dr J S Moroka Municipality v Kubheka COVID-19 Lawyers chastised for failing to produce the necessary permits ito the regulations and directives which caused the acting judge to deny them their fees and charges...

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Arbitrators’ notes privileged: Disclosure not required

Zamani Marketing and Management Consultants (Pty) Ltd v HCI Invest 15 Holdco (Pty) Ltd Arbitrators notes ‘privileged’ and high court decided that “. . . , as a general matter, the arbitrators’ notes are too...

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Collection costs interpreted: National Credit Act

University of Stellenbosch Law Clinic v National Credit Regulator Collection costs interpreted as provided in the National Credit Act and the high court stressed the need for responsible lending by  ensuring that creditor...

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