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South Africa decisions
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Moose v W Van Der Schyff Attorneys (15982/2021) [2025] ZAWCHC 266 (23 June 2025)
The High Court held an attorney liable for allowing a Road Accident Fund claim to prescribe after being mandated to pursue it timeously.
A V Theron and Swanepoel Incorporated and Another v Knott (237/2024) [2025] ZASCA 84 (10 June 2025)
The Supreme Court of Appeal held that the respondent failed to prove damages from negligent legal advice because the two sale agreements were not comparable.
Morabe v EP Sefatsa Attorneys (2018/40287) [2025] ZAGPJHC 81 (28 January 2025)
The court found that the plaintiff failed to provide a full and reasonable explanation for the delay in filing her application for leave to amend, as required by the rules and established case law. The explanation offered was incomplete, did not cover the entire period of delay, and was not scrupulously accurate. The plaintiff did not act with reasonable promptitude and failed to inform the defendant or the court of her inability to comply with the deadline. The court also found that the plaintiff did not adequately address or rebut the prejudice articulated by the defendant, who was deprived…
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Mokalapa v Ramushu Mashile Twala Inc (83874/2015) [2025] ZAGPPHC 40 (20 January 2025)
The High Court dismissed a legal-negligence claim against attorneys over an RAF settlement, finding the plaintiff refused further assessment, knew the settlement was low, and the claim had prescribed.
Duthie v Cilliers and Associates (19275/2015 ; 19375/2015) [2024] ZAWCHC 400 (29 November 2024)
The High Court refused an amendment to a replication in a negligence claim, holding that it impermissibly introduced a new cause of action and would prejudice the respondent.
Innscor Distribution (Pty) Ltd v Heunis (A270/2022) [2024] ZAGPPHC 1096 (23 October 2024)
The High Court held an attorney liable for prematurely releasing escrowed funds before the sugar shipment condition was met, and awarded USD damages with interest.
Botha v J.D.M (84792/2014) [2024] ZAGPPHC 807 (31 July 2024)
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.
Makwala v Fluxmans Attorneys and Another (37172/2021) [2024] ZAGPJHC 408 (25 April 2024)
The High Court upheld a prescription special plea against a client’s damages claim against his attorneys for failing to lodge a RAF claim.
Kahn v Stetter (15792/2021) [2024] ZAGPJHC 350 (10 April 2024)
The High Court held that legal fees under the fee agreement were due and payable, rejected the request for taxation, and granted payment, interest, and costs.
Le Roux and Another v Johannes G Coetzee and Seuns and Another (CCT 117/22) [2023] ZACC 46; 2024 (4) BCLR 522 (CC); 2024 (4) SA 1 (CC) (18 December 2023)
The Constitutional Court held that, in professional negligence claims against legal practitioners, the general rule that legal conclusions are not facts for prescription purposes must yield to a limited exception. Where a client cannot reasonably know of the breach of mandate or incorrect advice without a legal conclusion—such as a court ruling or expert opinion—prescription does not commence until that knowledge is acquired. In this case, the applicants only became aware of the breach during cross-examination in November 2007, when the invalidity of the option exercise was revealed as a lega…
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