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South Africa Case Law

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Civil Procedure [2025] ZAGPJHC 441

Mabo v Ignasia Zanazi INC and Another (054873/23)

Mabo v Ignasia Zanazi INC and Another (054873/23) [2025] ZAGPJHC 441 (2 May 2025)

The High Court ordered an attorney and her firm to account for trust monies, hand over the client file, and pay attorney-and-client costs after mandate termination.

  • Attorney Client Mandate
  • Trust Money Accounting
  • Statement Of Account
  • Termination Of Mandate
  • Attorney-client-mandate
  • Trust-money-accounting
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Civil Procedure [2022] ZAMPMBHC 37

Majope and Another v Road Accident Fund (308/2021,1309/20)

Majope and Another v Road Accident Fund (308/2021,1309/20) [2022] ZAMPMBHC 37 (26 May 2022)

The court found that, despite the existence of attorney and own client fee agreements, the true mandate between the plaintiffs and Ngomana and Associates was a contingency mandate. The attorney conceded that fees and disbursements would only be recovered if the plaintiffs were successful, which constitutes a contingency arrangement. However, the contingency fee agreements did not comply with the formal requirements of the Contingency Fees Act 66 of 1997, rendering them invalid and unenforceable. As a result, Ngomana and Associates are not entitled to recover any fees or disbursements from the…

  • Contingency Fee Agreements
  • Attorney Client Mandate
  • Road Accident Claims
  • Code Of Conduct For Legal Practitioners
  • Unenforceable Contracts
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Civil Procedure [2016] ZAGPPHC 1127

Nel N.O. v Macbeth Attorneys Incorporated and Others (86454/16)

Nel N.O. v Macbeth Attorneys Incorporated and Others (86454/16) [2016] ZAGPPHC 1127 (7 December 2016)

The High Court found the first and second respondents in contempt for failing to comply with an order to transfer client funds, and imposed suspended imprisonment on the second respondent.

  • Contempt Of Court
  • Interlocutory Orders
  • Trust Account Management
  • Attorney Client Mandate
  • Costs Award
  • Contempt-of-court
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Civil Procedure [2015] ZAGPPHC 95

Ngwenya v Paul Masha INC (20200/2011)

Ngwenya v Paul Masha INC (20200/2011) [2015] ZAGPPHC 95 (13 February 2015)

The High Court held an attorney professionally negligent for failing to pursue a Road Accident Fund claim, leading to prescription and loss to the client.

  • Professional Negligence
  • Prescription Act
  • Attorney Client Mandate
  • Professional-negligence
  • Prescription
  • Attorney-client-mandate
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Civil Procedure [2010] ZAGPPHC 250

Du Plessis Ingelyf v Joubert (A294/2008)

Du Plessis Ingelyf v Joubert (A294/2008) [2010] ZAGPPHC 250 (15 December 2010)

High Court appeal on alleged attorney negligence: the court found the attorney acted within mandate and with reasonable care, so the claim succeeded and the counterclaim failed.

  • Professional Negligence
  • Attorney Client Mandate
  • Breach Of Contract
  • Quantum Of Damages
  • Attorney-negligence
  • Client-mandate
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Civil Procedure [2001] ZASCA 131

Shapiro & De Meyer Inc v Schellauf (215/00)

Shapiro & De Meyer Inc v Schellauf (215/00) [2001] ZASCA 131 (27 November 2001)

The Supreme Court of Appeal held that a client’s reservations did not suspend an attorney’s mandate absent express withdrawal, and the appeal succeeded.

  • Attorney Client Mandate
  • Recovery Of Counsel Fees
  • Termination Of Mandate
  • Attorney-client-mandate
  • Recovery-of-counsel-fees
  • Termination-of-mandate
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South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.