Mekgwe and Another v EDUSAF (J5180/00) [2001] ZALC 214 (26 November 2001)

Mekgwe and Another v EDUSAF (J5180/00) [2001] ZALC 214 (26 November 2001)

The court found that the respondent's attorneys failed to comply with the proper procedure for withdrawal by not filing a formal notice, not providing proof that the client was informed of the trial date, and not attending court to request to be excused. This conduct was deemed unacceptable and disrespectful to the court. As a result, the matter was postponed sine die, and the attorneys were called upon to show cause why they should not be ordered to pay the costs occasioned by the postponement de bonis propriis and to provide an affidavit explaining their conduct.

Citation
[2001] ZALC 214
Parties
Applicant: Ntsimane Mekgwe; Applicant: Thomas Mudau; Respondent: EDUSAF
Court
Labour Court
Jurisdiction
South Africa
Judgment Date
26 November 2001
Case Number
J5180/00
Procedural Posture
Civil Trial / Trial Set Down; Postponed Sine Die
Outcome
Matter postponed sine die; costs order against attorneys deferred pending explanation.
Judges
Waglay
Legal Topics
Withdrawal of Attorney, Postponement of Trial, Costs De Bonis Propriis
Civil Procedure Labour Law Withdrawal of Attorney Postponement of Trial Costs De Bonis Propriis

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Party arguments 2
Sign in to unlock

Parties

Ntsimane Mekgwe

Applicant

Thomas Mudau

Applicant

EDUSAF

Respondent

Procedural Posture

Civil Trial / Trial Set Down; Postponed Sine Die

Legal Issues

  1. 1 Whether the respondent's attorneys properly withdrew as attorneys of record.
  2. 2 Whether the respondent was aware of the trial date.
  3. 3 Whether the attorneys should be ordered to pay costs de bonis propriis for their conduct.

Ratio Decidendi

The court found that the respondent's attorneys failed to comply with the proper procedure for withdrawal by not filing a formal notice, not providing proof that the client was informed of the trial date, and not attending court to request to be excused. This conduct was deemed unacceptable and disrespectful to the court. As a result, the matter was postponed sine die, and the attorneys were called upon to show cause why they should not be ordered to pay the costs occasioned by the postponement de bonis propriis and to provide an affidavit explaining their conduct.

Court Disposition

Matter postponed sine die; costs order against attorneys deferred pending explanation.

Orders

  • The matter is postponed sine die.
  • Attorneys Hofmeyr Herbstein and Gihwala Inc are called upon to show cause on 6 February 2002 at 10h00 why they should not be ordered to pay the costs occasioned by the postponement de bonis propriis.