South Africa Case Law

Road Accident Fund v Schuurmann Van Den Heever & Slabbert Inc and Others (Appeal) (A300/2024)

Road Accident Fund v Schuurmann Van Den Heever & Slabbert Inc and Others (Appeal) (A300/2024) [2025] ZAGPPHC 530 (28 May 2025)

Court

North Gauteng High Court, Pretoria

Case number

A300/2024

Judges

Neukircher, Collis, Phahlamohlaka

The court found that the RAF's liability to pay the claimants was undisputed, as valid court orders had been granted and not appealed or rescinded. The RAF's refusal to pay the attorneys' trust account was not justified by the alleged fraud, as the implicated director had been dismissed and no disciplinary or curator proceedings were pending against the firm. The Legal Practice Council found no culpability on the part of the remaining directors. The RAF's mandate is to pay compensation as ordered, and it cannot interfere with the attorney-client relationship or circumvent contingency fee agre…

Source excerpt

• Road Accident Fund Act
• Enforcement Of Court Orders
• Section 18 Superior Courts Act
• Attorney Client Relationship
• Costs Orders
• Promotion Of Administrative Justice Act

Mashele v Gildenhuys Malatji Attorneys and Others (118227/2024)

Mashele v Gildenhuys Malatji Attorneys and Others (118227/2024) [2025] ZAGPPHC 313 (25 March 2025)

Court

North Gauteng High Court, Pretoria

Case number

118227/2024

Judge

E van der Schyff

The High Court ordered Moribe Attorneys to pay Road Accident Fund proceeds to the applicant, and authorised payment of trust-held costs to her attorneys.

• Trust Account Funds
• Attorney Client Relationship
• Payment Of Compensation
• Costs Orders
• Road Accident Fund
• Road-accident-fund

Botha v J.D.M (84792/2014)

Botha v J.D.M (84792/2014) [2024] ZAGPPHC 807 (31 July 2024)

Court

North Gauteng High Court, Pretoria

Case number

84792/2014

Judge

Janse van Nieuwenhuizen

The High Court upheld a prescription defence and dismissed a claim that an attorney breached a mandate by authorising release of R750,000 without security.

• Prescription Act
• Breach Of Mandate
• Attorney Client Relationship
• Security For Debt
• Prescription
• Breach-of-mandate

AV Theron and Swanepoel Inc and Another v Knott - Appeal (A129/2021)

AV Theron and Swanepoel Inc and Another v Knott - Appeal (A129/2021) [2023] ZAFSHC 402 (19 October 2023)

Court

Free State High Court, Bloemfontein

Case number

A129/2021

Judges

C Reinders, EM Baloyi-Mere

Appeal and cross-appeal dismissed in a professional negligence dispute arising from incorrect legal advice about consent requirements for a property sale.

• Professional Negligence
• Mandate Breach
• Causation
• Quantification Of Damages
• Sale Of Property
• Attorney Client Relationship

De Wet N.O and Others v Walker and Others (16480/20)

De Wet N.O and Others v Walker and Others (16480/20) [2023] ZAGPPHC 621 (2 August 2023)

Court

North Gauteng High Court, Pretoria

Case number

16480/20

Judge

DT Skosana

The court held that Aurora, through its liquidators, had appointed the attorneys under a mandate requiring accounts and bills of costs, despite Pamodzi funding the litigation.

• Mandate And Accounting
• Liquidation Proceedings
• Attorney Client Relationship
• Costs Orders
• Attorney-client-relationship
• Mandate-and-accounting

Thompson and Another v Krugel & Heinsen Incorporated (A349/19)

Thompson and Another v Krugel & Heinsen Incorporated (A349/19) [2021] ZAGPPHC 736 (12 October 2021)

Court

North Gauteng High Court, Pretoria

Case number

A349/19

Judges

Mabuse, Khumalo, Ceylon

The High Court upheld an appeal and held an attorney liable for paying out trust funds before a confirmed liquidation and distribution account existed.

• Breach Of Mandate
• Fiduciary Duty
• Negligence
• Attorney Client Relationship
• Liquidation And Distribution Account
• Breach-of-mandate

Road Accident Fund and Others v Mabunda and Others (15876/2020; 17518/2020; 18239/2020)

Road Accident Fund and Others v Mabunda and Others (15876/2020; 17518/2020; 18239/2020) [2020] ZAGPPHC 386; [2021] 1 All SA 255 (GP) (18 August 2020)

Court

North Gauteng High Court, Pretoria

Case number

15876/2020; 17518/2020; 18239/2020

Judges

N Kollapen, I Opperman, C Swanepoel

The High Court upheld an appeal against execution pending appeal under section 18(3), finding no exceptional circumstances and no sufficient basis to enforce the order.

• Section 18 Execution Pending Appeal
• Service Level Agreements
• Public Procurement Irregularity
• Principle Of Legality
• Attorney Client Relationship
• Constitutional Review

Ramesh Luckychund & Associates v Sewpal (AR441/2019)

Ramesh Luckychund & Associates v Sewpal (AR441/2019) [2020] ZAKZPHC 37 (19 June 2020)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR441/2019

Judges

D. Pillay, Balton

The High Court dismissed an attorney’s late appeal and condonation application over unpaid counsel’s fees, finding no prospects of success and awarding attorney-and-client costs.

• Condonation
• Default Judgment
• Professional Fees
• Contingency Fee Agreement
• Attorney Client Relationship
• Default-judgment

Luna v Smith (16800/2018)

Luna v Smith (16800/2018) [2019] ZAWCHC 156 (11 November 2019)

Court

Western Cape High Court, Cape Town

Case number

16800/2018

Judge

Bozalek

The High Court ordered the respondent to pay punitive costs after he unreasonably opposed an admission application and launched a scathing, personal attack.

• Punitive Costs Order
• Admission Of Attorney
• Attorney Client Relationship
• Ethical Obligations
• Punitive-costs-order
• Admission-of-attorney

Spruyt and Another v Gumbo N.O and Others ; Gumbo N.O v Spruyt and Another (71879/2017;68899/2018)

Spruyt and Another v Gumbo N.O and Others ; Gumbo N.O v Spruyt and Another (71879/2017;68899/2018) [2019] ZAGPPHC 579 (1 November 2019)

Court

North Gauteng High Court, Pretoria

Case number

71879/2017;68899/2018

Judge

C J Van der Westhuizen

The High Court held that payments to Rand Mutual Assurance were lawful and dismissed the executor’s repayment and declaratory claims, while granting urgent interdictory relief and costs.

• Administration Of Estates Act
• Executor Liability
• Urgent Interdict
• Distribution Of Deceased Estate
• Attorney Client Relationship
• Administration-of-estates-act