Proxi Smart Services (Pty) Ltd v Law Society of South Africa (74313/16) [2018] ZAGPPHC 333; [2018] 3 All SA 567 (GP); 2018 (5) SA 644 (GP) (16 May 2018)

Proxi Smart Services (Pty) Ltd v Law Society of South Africa (74313/16) [2018] ZAGPPHC 333; [2018] 3 All SA 567 (GP); 2018 (5) SA 644 (GP) (16 May 2018)

The court found that the applicant's proposed business model would contravene section 83(8)(a) of the Attorneys Act and related statutory provisions, as the administrative tasks described would amount to preparing or causing to be prepared documents reserved for conveyancers and attorneys. The distinction between 'reserved' and 'non-reserved' work advanced by the applicant is not recognised in the relevant legislation. The relief sought by the applicant was found to be vague, hypothetical, and unenforceable, as the model had not been implemented and the conduct described was not sufficiently defined. The court held that declaratory relief must be clear, practical, and binding, and the...

Citation
[2018] ZAGPPHC 333
Parties
Applicant: Proxi Smart Services (Pty) Ltd; Respondent: Law Society of South Africa; Respondent: Chief Registrar of Deeds; Respondent: Roger Dixon; Respondent: Minister of Justice and Constitutional Development; Respondent: Attorneys Fidelity Fund; Respondent: Law Society of KwaZulu-Natal; Respondent: Law Society of Cape Good Hope; Respondent: Law Society of the Free State; Respondent: Law Society of the Northern Provinces; Respondent: National Association of Democratic Lawyers; Respondent: Black Lawyers Association; Respondent: Black Conveyancers Association; Respondent: Minister of Rural Development and Land Reform; Respondent: National Forum of the Legal Profession
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
16 May 2018
Case Number
74313/16
Procedural Posture
Civil Application / Opposed Application for Declaratory Relief
Outcome
Application dismissed with costs, including costs of two counsels where so employed.
Judges
Matojane, C J van der Westhuizen, J J Strijdom
Legal Topics
Reserved Conveyancing Work, Attorneys Act Compliance, Declaratory Relief, Fiduciary Duties, Code of Conduct Estate Agents, Legal Practice Act Interpretation
Commercial and Corporate Land and Property Civil Procedure Reserved Conveyancing Work Attorneys Act Compliance Declaratory Relief Fiduciary Duties Code of Conduct Estate Agents +1 more

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Parties

Proxi Smart Services (Pty) Ltd

Applicant

Law Society of South Africa

Respondent

Chief Registrar of Deeds

Respondent

Roger Dixon

Respondent

Minister of Justice and Constitutional Development

Respondent

Attorneys Fidelity Fund

Respondent

Law Society of KwaZulu-Natal

Respondent

Law Society of Cape Good Hope

Respondent

Law Society of the Free State

Respondent

Law Society of the Northern Provinces

Respondent

National Association of Democratic Lawyers

Respondent

Black Lawyers Association

Respondent

Black Conveyancers Association

Respondent

Minister of Rural Development and Land Reform

Respondent

National Forum of the Legal Profession

Respondent

Procedural Posture

Civil Application / Opposed Application for Declaratory Relief

Legal Issues

  1. 1 Whether the applicant's business model for performing administrative services in property transfers contravenes statutory provisions reserving conveyancing work to attorneys and conveyancers.
  2. 2 Whether the applicant's proposed conduct falls foul of the Attorneys Act, Legal Practice Act, Deeds Registries Act, and related regulations.
  3. 3 Whether the relief sought by the applicant is sufficiently clear, enforceable, and appropriate for a declaratory order.

Ratio Decidendi

The court found that the applicant's proposed business model would contravene section 83(8)(a) of the Attorneys Act and related statutory provisions, as the administrative tasks described would amount to preparing or causing to be prepared documents reserved for conveyancers and attorneys. The distinction between 'reserved' and 'non-reserved' work advanced by the applicant is not recognised in the relevant legislation. The relief sought by the applicant was found to be vague, hypothetical, and unenforceable, as the model had not been implemented and the conduct described was not sufficiently defined. The court held that declaratory relief must be clear, practical, and binding, and the...

Court Disposition

Application dismissed with costs, including costs of two counsels where so employed.

Orders

  • The application is dismissed with costs, including the costs of two counsels where so employed.