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South Africa decisions
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Isaacs v Mangera Attorneys (2021/51099) [2023] ZAGPJHC 785 (12 July 2023)
Discovery application dismissed: the requested trust-account recipient details were held irrelevant to the pleaded issues, and costs followed the result.
Elite Plumbing And Industrial Solutions (Pty) Ltd v Casper Le Roux Inc Attorneys and Another (2022/14821) [2023] ZAGPJHC 226 (6 March 2023)
The High Court held that a requester seeking records from a private body under PAIA must first exhaust the section 77A complaints procedure before going to court.
JR v AL (21609/2021) [2021] ZAGPJHC 590 (28 October 2021)
The High Court found the respondent in contempt for repeated email communications breaching an interdict, and imposed a R70,000 fine, suspended imprisonment, and punitive costs.
Naidoo v KwaZulu-Natal Law Society and Another (D9060/2018D) [2021] ZAKZDHC 30 (31 August 2021)
The High Court dismissed a review of a Law Society complaints decision against an attorney, finding no proof that privileged documents were disclosed or ignored.
WDL and Others v Gundelfinger and Others (20/24681) [2020] ZAGPJHC 408; 2022 (2) SA 272 (GJ) (21 December 2020)
The court dismissed a bid to interdict an opposing firm from acting in a divorce matter after a former lawyer joined that firm, finding no sufficiently specific confidential information.
Myeni v Organisation Undoing Tax Abuse NPC and Others (15996/2017) [2019] ZAGPPHC 565 (2 December 2019)
The court found that the applicant failed to provide a satisfactory explanation for the withdrawal of admissions, as her allegations against her former attorney were unsubstantiated and contradicted by uncontested evidence. The applicant, an experienced businesswoman, was deemed capable of understanding the plea and its implications. The delay in seeking amendments was unexplained and prejudicial to the respondents, who would be forced to redo trial preparation and gather new evidence. The proposed amendments improperly introduced exceptions, objections, and evidence, failing to raise triable…
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Van der Westhuizen and Another v Stuart and Others (5468/2016) [2016] ZAGPPHC 70 (12 February 2016)
Urgent interdict application against former attorneys failed because the applicants did not prove misuse of confidential information or a real conflict of interest.
Mkondo v MEC for Health of the Gauteng Provincial Government (2014/14425) [2015] ZAGPJHC 119 (8 June 2015)
The High Court granted a postponement in a medical negligence case, finding the defendant’s reasons bona fide, and ordered attorney-client costs against the defendant.
Avontuur & Associates Inc and Another v Chief Magistrate, Outshoorn: Magistrate Court and Others (20444/2010) [2012] ZAWCHC 94; 2013 (1) SACR 615 (WCC) (6 June 2012)
The court found that the applicants' claim to privilege over the seized files was not genuine and was inimical to the interests of the Municipality, the true client. The applicants had disclosed the substance of advice from their cost consultant, Mari Roux, in invoices and supporting documents, which constituted an express or imputed waiver of privilege. The court held that privilege does not automatically attach to all documents in an attorney's file and must be claimed specifically. The chief magistrate had sufficient sworn evidence before him to authorize the search warrants under section…
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Debanath v Zwane (4171/2007) [2010] ZAGPPHC 593 (24 March 2010)
The court found that R300,000 paid by the plaintiff was for the purchase of a business, not equipment, and awarded judgment for the plaintiff.
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