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South Africa decisions
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Van Schalkwyk v Bredenkamp (7650/2024) [2024] ZAWCHC 380 (19 November 2024)
The High Court granted condonation, uplifted the bar, and allowed the defendant’s plea and counterclaim to stand filed in a fees dispute.
X.M Petse Incorporation/ Zilwa Attorneys v Nabile (CA57/2023) [2024] ZAECMHC 42 (30 May 2024)
The court held that part-payment of an attorney's bill by the client does not amount to acquiescence or waiver of the right to dispute the bill, especially where the client has expressly demanded taxation and refused to pay the balance. The magistrate correctly found that the respondent's conduct was consistent with enforcing his right to taxation and not with an unequivocal acknowledgment of liability for the full amount. Section 80(4) of the Magistrates' Courts Act is peremptory: once taxation is demanded, the action must be stayed pending taxation. The magistrate did not misdirect himself…
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Sethonga and Another v Wehmeyers Attorneys (2022-042316) [2024] ZAGPPHC 14 (12 January 2024)
The court found that the written fee agreements between the applicants and the respondent did not constitute contingency fee agreements as defined by the Contingency Fees Act. The agreements lacked the formalities required by the Act, and the objective evidence, including signed documents and explanations provided to the applicants, supported the respondent's version. Declaring the agreements to be contingency fee agreements would render them void due to illegality, which was not the relief sought by the applicants. The applicants did not challenge the reasonableness of the fees, and the agre…
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Diobuzz (Pty) Ltd and Others v Mvumbi NO (2021/13229) [2023] ZAGPJHC 1228 (27 October 2023)
The High Court dismissed a review of a taxing master’s rulings on several bill-of-costs items, finding no basis to interfere with the discretion exercised.
Mafoko Security Patrols (Pty) Ltd v University of KwaZulu-Natal and Another (9313/2020) [2023] ZAKZDHC 22 (12 May 2023)
High Court review of a taxing master’s allocatur on party-and-party costs, dealing with counsel’s fees, indexing, and disallowed travelling costs.
Monyepao v Ledwaba and Others (1368/18) [2020] ZASCA 71 (19 June 2020)
The Supreme Court of Appeal confirmed that attorneys may not charge for perusing irrelevant parts of an appeal record and made the provisional costs order final.
Ncongwane SC and Another v Ehlers Fakude Inc (41189/2017) [2017] ZAGPPHC 680 (29 September 2017)
The court dismissed one summary judgment application for a defective affidavit and refused the other, finding a bona fide defence that the legal fees needed taxation.
Razzmatazz Civil (Pty) Ltd v Dihlabeng Local Municipality and Another (A76/2015) [2016] ZAFSHC 134 (7 July 2016)
High Court review of taxation of costs under Rule 48. The court upheld the taxing master’s allocation and fee reductions, dismissing the review.
Maseka v Law Society of the Northern Provinces (443/06) [2010] ZANWHC 13 (1 January 2010)
Review of taxation partly succeeded: some cost items were set aside and remitted, while the allocatur for Rooth & Wessels was confirmed.
Van der Merwe and Another v Law Society of the Northern Provinces and Others (32616/06) [2008] ZAGPPHC 4 (20 June 2008)
High Court review of contingency-fee charges held the 25% cap applies collectively to all practitioners, and upheld review by the Law Society.
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