South Africa Case Law

NW Civil Contractors CC v Anton Ramaano Inc & Another (1024/2018, 1076/2018)

NW Civil Contractors CC v Anton Ramaano Inc & Another (1024/2018, 1076/2018) [2019] ZASCA 143; 2020 (3) SA 241 (SCA) (14 October 2019)

Court

Supreme Court of Appeal

Case number

1024/2018, 1076/2018

Judges

Ponnan, Swain, Zondi, Mocumie, Dolamo

The Supreme Court of Appeal held that the absence of a fidelity fund certificate by the attorney does not render all proceedings and orders in which he acted void ab initio. The Attorneys Act prescribes specific consequences for non-compliance, namely disentitlement to fees and criminal sanction, but does not contemplate nullity of proceedings. The High Court's orders were impermissibly vague, indeterminate, and went beyond the relief sought, rendering them unenforceable and contrary to the rule of law. The rescission application was wrongly dismissed, as the appellant provided a reasonable e…

Source excerpt

• Attorneys Act Section 41
• Fidelity Fund Certificate
• Rescission Of Judgment
• Nullity Of Proceedings
• Default Judgment
• Legal Certainty

Sooklal v Thales South Africa (Pty) Ltd (866/2017)

Sooklal v Thales South Africa (Pty) Ltd (866/2017) [2018] ZASCA 130 (27 September 2018)

Court

Supreme Court of Appeal

Case number

866/2017

Judges

Navsa, Tshiqi, Dambuza, Van der Merwe, Nicholls

The Supreme Court of Appeal held that the arbitration award, which dismissed the appellant's claim for professional fees due to his lack of a fidelity fund certificate, was valid and enforceable. The appellant's allegations of corruption and illegality were vague, untested, and unrelated to the mandate or the execution thereof, and did not taint the arbitration agreement or award. The requirements of s 31 of the Arbitration Act were met, and there was no statutory prohibition or public policy ground preventing the award from being made an order of court. The appellant's reliance on Cool Ideas…

Source excerpt

• Arbitration Award Enforcement
• Attorneys Act Section 41
• Contingency Fee Agreements
• Public Policy
• Fidelity Fund Certificate

Law Society of the Free State v Ntjabane (2086/2015)

Law Society of the Free State v Ntjabane (2086/2015) [2016] ZAFSHC 218 (1 December 2016)

Court

Free State High Court, Bloemfontein

Case number

2086/2015

Judges

Moloi, Reinders

The respondent repeatedly failed to comply with statutory requirements and court orders, including the submission of audit reports and obtaining Fidelity Fund Certificates since 2012. He ignored directives from the Law Society and the court, and his explanations for non-compliance were insufficient and unsupported by evidence. The respondent's conduct demonstrated a disregard for the law and regulatory authority, establishing that he is not a fit and proper person to continue practising as an attorney. The only appropriate sanction is the removal of his name from the roll of attorneys.

Source excerpt

• Removal From Roll Of Attorneys
• Fidelity Fund Certificate
• Non Compliance With Court Orders
• Attorneys Act Section 41
• Fit And Proper Person

Law Society of the Free State v Roux and Another (3547/2015)

Law Society of the Free State v Roux and Another (3547/2015) [2015] ZAFSHC 172 (4 September 2015)

Court

Free State High Court, Bloemfontein

Case number

3547/2015

Judge

Rampai

The court confirmed the interim suspension of an attorney who had been sequestrated and was practising for a law firm without a valid fidelity fund certificate.

• Attorneys Act Section 41
• Fidelity Fund Certificate
• Director Disqualification
• Urgent Interdict
• Company Directorship
• Urgent-interdict