Geyser NO and Others v Kisleu (Pty) Ltd and Others (8951/2009) [2012] ZAKZPHC 56 (10 March 2012)

Geyser NO and Others v Kisleu (Pty) Ltd and Others (8951/2009) [2012] ZAKZPHC 56 (10 March 2012)

The court found that Mr Hunt, as sole director of the plaintiff companies, could not appear on their behalf in High Court proceedings absent a bona fide employment relationship with a legal firm holding a fidelity fund certificate. The arrangement with Ms Seeman was a stratagem designed to circumvent statutory requirements and did not constitute genuine employment. Mr Hunt lacked a personal fidelity fund certificate and was not independently entitled to practice as an attorney. Even if such employment existed, his personal interests were so intertwined with those of the plaintiffs that he could not discharge the functions of an independent legal practitioner. The court exercised its...

Citation
[2012] ZAKZPHC 56
Parties
Applicant: Andries Jonathan Lategan Geyser NO; Applicant: Maryna Estelle Symes NO; Applicant: Naran Maharaj NO; Applicant: Manogh Dayanand Maharaj NO; Respondent: Kisleu (Pty) Limited; Respondent: Silver Charm Investments 77 (Pty) Limited; Respondent: Present Perfect Investments 127 (Pty) Limited; Respondent: Platinum Mile Investments 509 (Pty) Limited; Respondent: The Master of the High Court; Respondent: BAE Systems Plc
Court
Kwazulu-Natal High Court, Pietermaritzburg
Jurisdiction
South Africa
Judgment Date
10 March 2012
Case Number
8951/2009
Procedural Posture
Civil Application / Determination of Locus Standi and Right of Appearance of Legal Representative
Outcome
Mr J. V. E. Hunt is disqualified from appearing for or representing the plaintiffs in the action and all related proceedings. Costs are awarded against the plaintiffs, including costs of oral evidence and reserved costs, with provision for costs of multiple counsel where employed. Remaining applications are...
Judges
Van Zyl
Legal Topics
Right of Appearance, Corporate Representation, Locus Standi, Fidelity Fund Certificate, Conflict of Interest
Civil Procedure Commercial and Corporate Right of Appearance Corporate Representation Locus Standi Fidelity Fund Certificate Conflict of Interest

Case Brief

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Parties

Andries Jonathan Lategan Geyser NO

Applicant

Maryna Estelle Symes NO

Applicant

Naran Maharaj NO

Applicant

Manogh Dayanand Maharaj NO

Applicant

Kisleu (Pty) Limited

Respondent

Silver Charm Investments 77 (Pty) Limited

Respondent

Present Perfect Investments 127 (Pty) Limited

Respondent

Platinum Mile Investments 509 (Pty) Limited

Respondent

The Master of the High Court

Respondent

BAE Systems Plc

Respondent

Procedural Posture

Civil Application / Determination of Locus Standi and Right of Appearance of Legal Representative

Legal Issues

  1. 1 Whether Mr J. V. E. Hunt is entitled to appear and represent the plaintiff companies in the High Court proceedings.
  2. 2 Whether the arrangement between Mr Hunt and Ms Seeman constitutes bona fide employment for the purposes of legal representation.
  3. 3 Whether the court should exercise its discretion to relax the general rule prohibiting corporate self-representation.

Ratio Decidendi

The court found that Mr Hunt, as sole director of the plaintiff companies, could not appear on their behalf in High Court proceedings absent a bona fide employment relationship with a legal firm holding a fidelity fund certificate. The arrangement with Ms Seeman was a stratagem designed to circumvent statutory requirements and did not constitute genuine employment. Mr Hunt lacked a personal fidelity fund certificate and was not independently entitled to practice as an attorney. Even if such employment existed, his personal interests were so intertwined with those of the plaintiffs that he could not discharge the functions of an independent legal practitioner. The court exercised its...

Court Disposition

Mr J. V. E. Hunt is disqualified from appearing for or representing the plaintiffs in the action and all related proceedings. Costs are awarded against the plaintiffs, including costs of oral evidence and reserved costs, with provision for costs of multiple counsel where employed. Remaining applications are...

Orders

  • It is determined that Mr J. V. E. Hunt is not entitled to appear for or legally represent the first to fourth plaintiffs in the action under case number 8951/2009, including any interlocutory or related proceedings.
  • The plaintiffs shall jointly and severally pay the costs of the proceedings relevant to the determination of Mr Hunt's locus standi, including costs of oral evidence and all previously reserved costs. Costs for the first to fourth defendants include two counsel where employed; costs for the sixth defendant include...