Kambamba v S (A15/2021) [2021] ZAFSHC 51 (2 March 2021)

Kambamba v S (A15/2021) [2021] ZAFSHC 51 (2 March 2021)

The court found that the applicants' attorney, Mr Willers, disregarded warnings from the first respondent's legal representatives and proceeded to enroll Part B of the application on an urgent basis, despite the pending judgment on Part A and the absence of a founding affidavit. The attorney's conduct was found to be unprofessional and improper, amounting to professional misconduct. The court held that attorneys, as officers of the court, have an obligation to advise their clients appropriately and not merely act on instructions when such instructions are irregular or irresponsible. The premature enrollment of Part B resulted in unnecessary costs for the first respondent. The court...

Citation
[2021] ZAFSHC 51
Parties
Applicant: Vaugh Victor; Applicant: Maria Magdalena Catharina Victor; Respondent: Wonderhoek Farms (Pty) Limited; Respondent: Donovan Majiedt N.O.; Respondent: Karin Fortein N.O.; Respondent: Jerry Sekele Koko N.O.; Respondent: Firstrand Bank Limited; Respondent: The Master of the High Court, Bloemfontein
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
2 March 2021
Case Number
5049/2014
Procedural Posture
Urgent Application / Application for Costs De Bonis Propriis Following Urgent Application
Outcome
Costs de bonis propriis ordered against Mr Willers, attorney for the applicants, on a party and party scale in favour of the first respondent.
Judges
Chesiwe
Legal Topics
Costs De Bonis Propriis, Abuse of Process, Interim Interdict, Urgent Application, Professional Misconduct
Civil Procedure Costs De Bonis Propriis Abuse of Process Interim Interdict Urgent Application Professional Misconduct

Case Brief

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Parties

Vaugh Victor

Applicant

Maria Magdalena Catharina Victor

Applicant

Wonderhoek Farms (Pty) Limited

Respondent

Donovan Majiedt N.O.

Respondent

Karin Fortein N.O.

Respondent

Jerry Sekele Koko N.O.

Respondent

Firstrand Bank Limited

Respondent

The Master of the High Court, Bloemfontein

Respondent

Procedural Posture

Urgent Application / Application for Costs De Bonis Propriis Following Urgent Application

Legal Issues

  1. 1 Whether the applicants' attorney should be ordered to pay costs de bonis propriis for enrolling Part B of the application prematurely.
  2. 2 Whether the conduct of the applicants' attorney amounted to professional misconduct justifying a punitive costs order.
  3. 3 Whether the urgent application was warranted in light of pending judgment on Part A.

Ratio Decidendi

The court found that the applicants' attorney, Mr Willers, disregarded warnings from the first respondent's legal representatives and proceeded to enroll Part B of the application on an urgent basis, despite the pending judgment on Part A and the absence of a founding affidavit. The attorney's conduct was found to be unprofessional and improper, amounting to professional misconduct. The court held that attorneys, as officers of the court, have an obligation to advise their clients appropriately and not merely act on instructions when such instructions are irregular or irresponsible. The premature enrollment of Part B resulted in unnecessary costs for the first respondent. The court...

Court Disposition

Costs de bonis propriis ordered against Mr Willers, attorney for the applicants, on a party and party scale in favour of the first respondent.

Orders

  • Costs are ordered de bonis propriis against Mr Willers on a party and party scale in favour of the first respondent.