Madzivhandila v Law Society of the Northern Provinces (593/07) [2008] ZASCA 101; [2009] 1 All SA 124 (SCA) (17 September 2008)

Madzivhandila v Law Society of the Northern Provinces (593/07) [2008] ZASCA 101; [2009] 1 All SA 124 (SCA) (17 September 2008)

The Supreme Court of Appeal held that the Law Society of the Northern Provinces had locus standi to institute proceedings for the appellant's removal from the roll of attorneys, by virtue of section 84A of the Attorneys Act, which extends its jurisdiction to attorneys practising in the former Venda area. The appellant's constitutional challenge to section 84A was dismissed as unsubstantiated, with no specific constitutional provision cited or supporting information provided. The court found the appellant's explanation for his failure to file answering papers and request for postponement to be vague, lacking particularity, and unreasonable. The appellant failed to demonstrate a bona fide...

Citation
[2008] ZASCA 101
Parties
Appellant: Asiwanga Adolph Madzivhandila; Respondent: Law Society of the Northern Provinces
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
17 September 2008
Case Number
593/07
Procedural Posture
Civil Appeal / Appeal From the Venda High Court, Order Striking Appellant Off the Roll of Attorneys
Outcome
Appeal dismissed with costs on the attorney and client scale.
Judges
MPATI, STREICHER, MTHIYANE, CACHALIA, BORUCHOWITZ
Legal Topics
Attorneys Act, Removal From Roll, Trust Account Misappropriation, Postponement Discretion, Locus Standi
Civil Procedure Commercial and Corporate Attorneys Act Removal From Roll Trust Account Misappropriation Postponement Discretion Locus Standi

Case Brief

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Parties

Asiwanga Adolph Madzivhandila

Appellant

Law Society of the Northern Provinces

Respondent

Procedural Posture

Civil Appeal / Appeal From the Venda High Court, Order Striking Appellant Off the Roll of Attorneys

Legal Issues

  1. 1 Whether the respondent had locus standi to institute proceedings for the appellant's removal from the roll of attorneys.
  2. 2 Whether section 84A of the Attorneys Act is unconstitutional.
  3. 3 Whether the court a quo erred in refusing the appellant an extension of time to file answering papers.

Ratio Decidendi

The Supreme Court of Appeal held that the Law Society of the Northern Provinces had locus standi to institute proceedings for the appellant's removal from the roll of attorneys, by virtue of section 84A of the Attorneys Act, which extends its jurisdiction to attorneys practising in the former Venda area. The appellant's constitutional challenge to section 84A was dismissed as unsubstantiated, with no specific constitutional provision cited or supporting information provided. The court found the appellant's explanation for his failure to file answering papers and request for postponement to be vague, lacking particularity, and unreasonable. The appellant failed to demonstrate a bona fide...

Court Disposition

Appeal dismissed with costs on the attorney and client scale.

Orders

  • The appeal is dismissed.
  • The appellant is ordered to pay the respondent’s costs of appeal on the scale as between attorney and client.