Ralawe and Others v Road Accident Fund (2879/2001) [2012] ZAECPEHC 90 (6 December 2012)

Ralawe and Others v Road Accident Fund (2879/2001) [2012] ZAECPEHC 90 (6 December 2012)

The court found that the affidavit submitted by the plaintiffs' attorney in terms of section 4 of the Contingency Fees Act contained numerous false statements, including references to non-existent medical reports, expert opinions, and a pre-trial conference that never occurred. Despite these irregularities, the court made the settlement agreement an order of court to avoid further prejudice to the plaintiffs, but barred the attorney from levying any fees under the contingency agreement pending a satisfactory explanation. The court held that the attorney's conduct was serious enough to warrant referral to the Law Society and the Director of Public Prosecutions for investigation of possible...

Citation
[2012] ZAECPEHC 90
Parties
Plaintiff: Tembisa Ralawe; Plaintiff: Mziyanda Ralawe; Plaintiff: Noluvuyo Gillie; Defendant: Road Accident Fund
Court
Eastern Cape High Court, Port Elizabeth
Jurisdiction
South Africa
Judgment Date
6 December 2012
Case Number
2879/2001
Procedural Posture
Civil Trial / Settlement Agreement Presented for Court Order After Prolonged Delays and Procedural Irregularities.
Outcome
Settlement agreement made an order of court; attorney barred from levying contingency fees pending explanation; matter referred to Law Society and Director of Public Prosecutions.
Judges
Chetty
Legal Topics
Contingency Fees Act, Settlement Agreement, Attorney Misconduct, Court Order, Personal Injury
Civil Procedure Delict Contingency Fees Act Settlement Agreement Attorney Misconduct Court Order Personal Injury

Case Brief

Summary, issues, holding and outcome

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Parties

Tembisa Ralawe

Plaintiff

Mziyanda Ralawe

Plaintiff

Noluvuyo Gillie

Plaintiff

Road Accident Fund

Defendant

Procedural Posture

Civil Trial / Settlement Agreement Presented for Court Order After Prolonged Delays and Procedural Irregularities.

Legal Issues

  1. 1 Whether the settlement agreement between the plaintiffs and the defendant should be made an order of court.
  2. 2 Whether the plaintiffs' attorney's affidavit in terms of the Contingency Fees Act contained false statements warranting referral to regulatory authorities.
  3. 3 Whether the attorney should be permitted to levy fees under the contingency agreement pending explanation for the false affidavit.

Ratio Decidendi

The court found that the affidavit submitted by the plaintiffs' attorney in terms of section 4 of the Contingency Fees Act contained numerous false statements, including references to non-existent medical reports, expert opinions, and a pre-trial conference that never occurred. Despite these irregularities, the court made the settlement agreement an order of court to avoid further prejudice to the plaintiffs, but barred the attorney from levying any fees under the contingency agreement pending a satisfactory explanation. The court held that the attorney's conduct was serious enough to warrant referral to the Law Society and the Director of Public Prosecutions for investigation of possible...

Court Disposition

Settlement agreement made an order of court; attorney barred from levying contingency fees pending explanation; matter referred to Law Society and Director of Public Prosecutions.

Orders

  • The settlement agreement concluded between the parties, annexed hereto marked 'A', is made an order of court.
  • The registrar is directed to forward a copy of this judgment and the contents of the court file to the Cape Law Society and the Director of Public Prosecutions, Eastern Cape.