Dhlamini and Others v Durban Deep Wholesale Meat supply (J13/98) [1998] ZALC 51 (7 August 1998)

Dhlamini and Others v Durban Deep Wholesale Meat supply (J13/98) [1998] ZALC 51 (7 August 1998)

The court held that union officials, even if they have a right of audience in the Labour Court, are not entitled to charge fees for representing members in court proceedings in the same manner as attorneys. The relevant rules and statutory provisions restrict the recovery of such fees to attorneys only. The Attorneys Act specifically prohibits non-attorneys from charging fees for preparing documents for use in civil proceedings. The court emphasized the distinction between the professional responsibilities, qualifications, and regulatory oversight applicable to attorneys, which do not extend to union officials. Accordingly, the Taxing Master was correct in disallowing the items in the...

Citation
[1998] ZALC 51
Parties
Applicant: Dhlamini Vela and Others; Respondent: Durban Deep Wholesale Meat Supply
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
7 August 1998
Case Number
J13/98
Procedural Posture
Review Application / Review of Taxing Master's Decision on Bill of Costs
Outcome
The review application is dismissed.
Judges
R M M Zondo
Legal Topics
Taxation of Costs, Right of Audience, Attorneys Act, Union Representation
Labour Law Civil Procedure Taxation of Costs Right of Audience Attorneys Act Union Representation

Case Brief

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Parties

Dhlamini Vela and Others

Applicant

Durban Deep Wholesale Meat Supply

Respondent

Procedural Posture

Review Application / Review of Taxing Master's Decision on Bill of Costs

Legal Issues

  1. 1 Whether a union official is entitled to charge fees for representing union members in Labour Court proceedings.
  2. 2 Whether the Taxing Master correctly disallowed fees claimed by a union official in the bill of costs.

Ratio Decidendi

The court held that union officials, even if they have a right of audience in the Labour Court, are not entitled to charge fees for representing members in court proceedings in the same manner as attorneys. The relevant rules and statutory provisions restrict the recovery of such fees to attorneys only. The Attorneys Act specifically prohibits non-attorneys from charging fees for preparing documents for use in civil proceedings. The court emphasized the distinction between the professional responsibilities, qualifications, and regulatory oversight applicable to attorneys, which do not extend to union officials. Accordingly, the Taxing Master was correct in disallowing the items in the...

Court Disposition

The review application is dismissed.

Orders

  • The decision of the Taxing Master disallowing the items in the bill of costs is upheld.
  • The review application is dismissed.