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South Africa decisions
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R.D.P and Others v T.F (2025/000269) [2025] ZAGPJHC 75 (3 February 2025)
The court held that an attorney who remains on record must continue acting unless formally withdrawn, and her non-appearance prompted postponement and referral concerns.
A & F Investments (Pty) Ltd v D & L Family Projects and Maintenance (Pty) Ltd (HCA43/2023) [2024] ZALMPPHC 82 (30 July 2024)
The court held that compliance with Rule 52A is mandatory whenever an attorney withdraws from representing a party, regardless of the stage of proceedings. The respondent was not properly served with the withdrawal notice as required by Rule 52A, and mere notification of the trial date by e-mail did not suffice. The Magistrate misdirected herself by allowing argument on the merits and then refusing to consider them, instead of ordering compliance with Rule 52A or proceeding under Rule 60(2). The appeal was upheld, the Magistrate’s judgment set aside, and the matter referred back for proper se…
Source excerpt
Gcumisa Land Claims Committee, Concerning farms in New Hanover District (LCC22/2007) [2023] ZALCC 34 (29 September 2023)
The Land Claims Court refused to order an attorney to pay costs de bonis propriis, finding the delays were mainly caused by funding problems, not gross negligence.
First Rand Bank Limited v Madigage and Another (23569/2017) [2021] ZAGPJHC 872 (28 April 2021)
High Court postponed a bank’s opposed motion after finding the respondents’ attorneys failed to notify the second respondent of withdrawal and the hearing.
Sayed NO v Road Accident Fund; Olyn v Road Accident Fund; Mosia v Road Accident Fund; Tsotetsi v Road Accident Fund; Matholo v Road Accident Fund; Shongwe v Road Accident Fund; Harmse v Road Accident Fund (50887/18; 38403/17; 33821/17; 35970/18; 49128/18; 2316/14; 447/16) [2021] ZAGPPHC 76; [2021] 2 All SA 613 (GP); 2021 (3) SA 538 (GP) (4 March 2021)
High Court judgment on attorneys’ duty to withdraw and RAF quantum orders in multiple matters, including a minor’s damages and trust arrangements.
Kay-Pee Ntila Attorneys and Another v Minister of Safety and Security (4019/2007) [2012] ZAECGHC 24 (3 May 2012)
The High Court dismissed an application to rescind a costs order against attorneys who withdrew irregularly and failed to notify their client under Rule 16(4).
Stoltenberg v Butler and Others (309/06) [2008] ZAWCHC 176 (17 April 2008)
The High Court refused a further postponement of a trial, finding the applicants had not shown adequate cause and had delayed the matter for too long.
Stoltenberg v Butler and Others (309/06) [2008] ZAWCHC 90 (17 April 2008)
The High Court refused a further postponement, finding the applicants had delayed the case and failed to justify their lack of trial preparation.
Rectron (Pty) Ltd v Kara Smit Rekenaardienste CC (21420/04) [2005] ZAGPHC 48 (25 April 2005)
High Court liquidation application postponed after defective attorney withdrawal notice failed to notify the respondent; costs were ordered de bonis propriis against the attorneys.
Kloof Gold Mining Limited t/a Leeudorn Gold Mining v Mnengele and Another (LCC 62/01) [2002] ZALCC 66 (24 June 2002)
The Land Claims Court postponed an eviction hearing after respondents’ attorneys withdrew at the last minute, finding it unfair to proceed without proper representation.
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