Nene v Road Accident Fund (2012/41577) [2022] ZAGPJHC 53 (12 January 2022)

Nene v Road Accident Fund (2012/41577) [2022] ZAGPJHC 53 (12 January 2022)

The court found that the plaintiff's attorney, Mr Mdlalose, failed to provide satisfactory explanations for extensive delays in prosecuting the matter, resulting in the plaintiff waiting 12 years for trial. The attorney's conduct was deemed negligent, unprofessional, and deserving of censure. The amendment of the claim from R350,000 to R10,000,000 was found to be egregious, grossly unprofessional, and unrelated to the actual damages suffered, as the claim was ultimately settled for R139,209. The attorney's justification for entitlement to contingency fees was inadequate given the delays and conduct. The court ordered that the attorney's conduct be referred to the Legal Practice Council...

Citation
[2022] ZAGPJHC 53
Parties
Plaintiff: Margaret Nene; Defendant: Road Accident Fund
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
12 January 2022
Case Number
2012/41577
Procedural Posture
Civil Trial / Judgment on Attorney Conduct and Claim Amendment
Outcome
The attorney's conduct is referred to the Legal Practice Council for investigation. Costs for the affidavit are not claimable from the plaintiff. The judgment is to be brought to the attention of any future judge dealing with damages, costs, or settlement orders.
Judges
S E Weiner
Legal Topics
Contingency Fee Act, Professional Conduct of Attorneys, Amendment of Claim, Road Accident Fund Claims
Civil Procedure Delict Contingency Fee Act Professional Conduct of Attorneys Amendment of Claim Road Accident Fund Claims

Case Brief

Summary, issues, holding and outcome

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Parties

Margaret Nene

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Judgment on Attorney Conduct and Claim Amendment

Legal Issues

  1. 1 Whether the plaintiff's attorney's conduct in delaying the matter for 12 years was negligent and unprofessional.
  2. 2 Whether the amendment of the claim from R350,000 to R10,000,000 was justified and professionally sound.
  3. 3 Whether the attorney is entitled to fees under the Contingency Fees Act despite the delays and conduct.

Ratio Decidendi

The court found that the plaintiff's attorney, Mr Mdlalose, failed to provide satisfactory explanations for extensive delays in prosecuting the matter, resulting in the plaintiff waiting 12 years for trial. The attorney's conduct was deemed negligent, unprofessional, and deserving of censure. The amendment of the claim from R350,000 to R10,000,000 was found to be egregious, grossly unprofessional, and unrelated to the actual damages suffered, as the claim was ultimately settled for R139,209. The attorney's justification for entitlement to contingency fees was inadequate given the delays and conduct. The court ordered that the attorney's conduct be referred to the Legal Practice Council...

Court Disposition

The attorney's conduct is referred to the Legal Practice Council for investigation. Costs for the affidavit are not claimable from the plaintiff. The judgment is to be brought to the attention of any future judge dealing with damages, costs, or settlement orders.

Orders

  • This order must be uploaded on CaseLines and served on the RAF, the claims handler, and specified RAF officials, as well as the Taxing Master.
  • This judgment is to be brought to the attention of the Judge dealing with this matter in future, for decisions on damages, costs, or settlement orders.