Jacobs and Others v City of Cape Town (5453/2022) [2025] ZAWCHC 53 (18 February 2025)

Jacobs and Others v City of Cape Town (5453/2022) [2025] ZAWCHC 53 (18 February 2025)

The applicants, by accepting the emergency housing kits and completing all required documentation, unequivocally acquiesced in the judgment and orders of 10 September 2024, thereby perempting any right to appeal. The subsequent application for leave to appeal, initiated by Mr Le Roux, was legally impermissible as the applicants had abandoned their right of appeal through their conduct. Furthermore, Mr Le Roux acted without holding a valid Fidelity Fund Certificate, rendering all steps taken by him in this matter null and void. His conduct, including failure to notify the court and opposing counsel of the withdrawal of the application, failure to comply with procedural rules, and lack of...

Citation
[2025] ZAWCHC 53
Parties
Appellant: Bradley Jacobs; Appellant: Leonie Toll; Appellant: Michelle Brandt; Appellant: Brenda Murphy; Appellant: Lourencia Maker; Respondent: City of Cape Town
Court
Western Cape High Court, Cape Town
Jurisdiction
South Africa
Judgment Date
18 February 2025
Case Number
5453/2022
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Following Eviction Order
Outcome
Application for leave to appeal and notice of withdrawal declared null and void and set aside. Costs ordered de bonis propriis against Mr Le Roux. Judgment referred to Legal Practice Council and Magistrates' Courts.
Judges
M Pangarker
Legal Topics
Eviction, Peremption of Appeal, Acquiescence, Costs De Bonis Propriis, Legal Practitioner Conduct
Civil Procedure Land and Property Eviction Peremption of Appeal Acquiescence Costs De Bonis Propriis Legal Practitioner Conduct

Case Brief

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Parties

Bradley Jacobs

Appellant

Leonie Toll

Appellant

Michelle Brandt

Appellant

Brenda Murphy

Appellant

Lourencia Maker

Appellant

City of Cape Town

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Following Eviction Order

Legal Issues

  1. 1 Whether the applicants were perempted from appealing the eviction order due to acquiescence in the judgment.
  2. 2 Whether the application for leave to appeal was legally permissible given the applicants' conduct post-judgment.
  3. 3 Whether the conduct of the applicants' attorney warranted a personal costs order and referral to the Legal Practice Council.

Ratio Decidendi

The applicants, by accepting the emergency housing kits and completing all required documentation, unequivocally acquiesced in the judgment and orders of 10 September 2024, thereby perempting any right to appeal. The subsequent application for leave to appeal, initiated by Mr Le Roux, was legally impermissible as the applicants had abandoned their right of appeal through their conduct. Furthermore, Mr Le Roux acted without holding a valid Fidelity Fund Certificate, rendering all steps taken by him in this matter null and void. His conduct, including failure to notify the court and opposing counsel of the withdrawal of the application, failure to comply with procedural rules, and lack of...

Court Disposition

Application for leave to appeal and notice of withdrawal declared null and void and set aside. Costs ordered de bonis propriis against Mr Le Roux. Judgment referred to Legal Practice Council and Magistrates' Courts.

Orders

  • The application for leave to appeal and the notice of withdrawal dated 28 January 2025, initiated and drafted by Mr Sean le Roux of Le Roux and Associates, are declared null and void and are hereby set aside.
  • Mr Sean le Roux of Le Roux and Associates, Eerste River is ordered to pay the costs occasioned by the application for leave to appeal, de bonis propriis, including all wasted costs and preparation, and costs of senior counsel (scale C).