Mabaso v Law Society of The Northern Provinces (559/02) [2003] ZASCA 138; 2004 (3) SA 453 (SCA) (28 November 2003)

Mabaso v Law Society of The Northern Provinces (559/02) [2003] ZASCA 138; 2004 (3) SA 453 (SCA) (28 November 2003)

The Supreme Court of Appeal held that the respondent, as the Law Society of the Northern Provinces, had locus standi to bring the application, as it performs the functions of the law society for the area formerly known as Transvaal. The Registrar of the Transvaal Provincial Division was not empowered to enrol the appellant as an attorney in the face of a written objection under section 20(3) of the Attorneys Act. The appellant failed to provide a satisfactory explanation for the delays and non-compliance with the rules of court, and there were no prospects of success on appeal. The court declined to interfere with the order of the court a quo setting aside the appellant's enrolment and...

Citation
[2003] ZASCA 138
Parties
Appellant: Hector Ernest Themba Herold Mabaso; Respondent: Law Society of the Northern Provinces
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
28 November 2003
Case Number
559/02
Procedural Posture
Civil Appeal / Appeal From Transvaal Provincial Division; Application for Condonation and Reinstatement of Appeal
Outcome
Application for condonation for late filing of the record is dismissed with costs, including costs relating to the appeal.
Judges
MPATI, HARMS, SCOTT, ZULMAN, MOTATA
Legal Topics
Attorneys Act, Enrolment of Attorneys, Locus Standi, Condonation, Constitutional Consistency
Civil Procedure Commercial and Corporate Attorneys Act Enrolment of Attorneys Locus Standi Condonation Constitutional Consistency

Case Brief

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Parties

Hector Ernest Themba Herold Mabaso

Appellant

Law Society of the Northern Provinces

Respondent

Procedural Posture

Civil Appeal / Appeal From Transvaal Provincial Division; Application for Condonation and Reinstatement of Appeal

Legal Issues

  1. 1 Whether the respondent had locus standi to bring the application to set aside the appellant's enrolment as an attorney.
  2. 2 Whether the Registrar was empowered to enrol the appellant as an attorney in the face of a written objection under section 20(3) of the Attorneys Act.
  3. 3 Whether the appellant's application for condonation for late filing of the record and heads of argument should be granted.

Ratio Decidendi

The Supreme Court of Appeal held that the respondent, as the Law Society of the Northern Provinces, had locus standi to bring the application, as it performs the functions of the law society for the area formerly known as Transvaal. The Registrar of the Transvaal Provincial Division was not empowered to enrol the appellant as an attorney in the face of a written objection under section 20(3) of the Attorneys Act. The appellant failed to provide a satisfactory explanation for the delays and non-compliance with the rules of court, and there were no prospects of success on appeal. The court declined to interfere with the order of the court a quo setting aside the appellant's enrolment and...

Court Disposition

Application for condonation for late filing of the record is dismissed with costs, including costs relating to the appeal.

Orders

  • The application for condonation for the late filing of the record is dismissed with costs, including the costs relating to the appeal.