South Africa Case Law

Smith and Another v Sheriff Cape Town North and Others (6810/2021)

Smith and Another v Sheriff Cape Town North and Others (6810/2021) [2023] ZAWCHC 309 (29 November 2023)

Court

Western Cape High Court, Cape Town

Case number

6810/2021

Judge

K Pillay

The court found that there was non-compliance with Rule 31(4) as no Notice of Set Down was served on the applicants prior to the granting of default judgment. Rule 31(4) is peremptory, and the absence of such notice constitutes a procedural defect unless condonation is sought and granted, which did not occur in this case. The respondents' assertion that condonation was granted was based on hearsay and not supported by admissible evidence. Furthermore, the evidence regarding service of the Notice of Bar was insufficient and largely hearsay, with no confirmatory affidavit from the messenger who…

Source excerpt

• Rescission Of Default Judgment
• Service Of Process
• Notice Of Bar
• Rule 31 4 Non Compliance
• Rule 42 1 A
• Condonation Of Irregular Service

Ndinga v Cape Law Society (4021/2016)

Ndinga v Cape Law Society (4021/2016) [2017] ZAECMHC 55; [2018] 2 All SA 250 (ECM) (13 December 2017)

Court

Eastern Cape High Court, Mthatha

Case number

4021/2016

Judges

RWN Brooks, ZM Nhlangulela

The court held that the Attorneys Act does not render a contract of articles of clerkship void solely because the principal lacked a fidelity fund certificate at the time of engagement. The Act provides for criminal and financial consequences for practising without such a certificate, but does not invalidate the status of an attorney or the validity of contracts entered into. The respondent's registration of the applicant's articles constituted administrative action with direct legal effect, which remains valid until set aside on review. The applicant's service under articles, even if irregul…

Source excerpt

• Attorneys Act
• Admission Of Attorneys
• Fidelity Fund Certificate
• Administrative Action
• Condonation Of Irregular Service

Webbstock v Law society of the Northern Provinces (78556/2015)

Webbstock v Law society of the Northern Provinces (78556/2015) [2016] ZAGPPHC 545 (20 June 2016)

Court

North Gauteng High Court, Pretoria

Case number

78556/2015

Judges

TS Madima, M Jansen

The court dismissed an attorney-admission condonation application, holding that the articles of clerkship were invalid because the applicant studied full time during the contract period.

• Admission Of Attorneys
• Condonation Of Irregular Service
• Validity Of Articles Of Clerkship
• Attorneys Act Requirements
• Attorney-admission
• Articles-of-clerkship

Law Society of the Northern Provinces v Mahon (86/10)

Law Society of the Northern Provinces v Mahon (86/10) [2010] ZASCA 175; 2011 (2) SA 441 (SCA) ; [2011] 2 All SA 481 (SCA) (2 December 2010)

Court

Supreme Court of Appeal

Case number

86/10

Judges

Lewis, Cachalia, Leach, Tshiqi, Ebrahim

The Supreme Court of Appeal held that section 13(2) of the Attorneys Act only permits condonation of irregular service where the candidate attorney has entered into a valid clerkship agreement. The respondent's initial employment agreement did not comply with the statutory requirements and was not intended to be a clerkship agreement. Therefore, the period served under that agreement could not be condoned. The Court rejected the argument that fairness and justice, or the respondent's constitutional right to choose her profession, could override the clear statutory requirements. The Court furt…

Source excerpt

• Attorneys Act Interpretation
• Admission To Practice
• Condonation Of Irregular Service
• Bill Of Rights Limitation

Mahon (21160/08), Ex parte

Mahon (21160/08), Ex parte [2009] ZAGPPHC 155; 2010 (2) SA 511 (GNP) (14 October 2009)

Court

North Gauteng High Court, Pretoria

Case number

21160/08

Judges

E Bertelsmann, CP Rabie

The court admitted the applicant as an attorney and condoned her pre-registration service as substantially equivalent to regular service under the Attorneys Act.

• Admission Of Attorneys
• Condonation Of Irregular Service
• Attorneys Act
• Probationary Periods
• Constitutional Right To Profession
• Admission-of-attorneys