Sass v Magistrate Malmesbury (A117/2008)
Sass v Magistrate Malmesbury (A117/2008) [2008] ZAWCHC 236 (8 August 2008)
The court held that the magistrate's reliance on African Bank Limited v Melwyn Weiner was misplaced, as that case did not decide the issue of security for non-practising attorneys appointed as administrators under section 74E of the Magistrate's Court Act. The court followed Werner NO v Broekhuvzen, which interpreted 'practitioner' to include both practising and non-practising attorneys. Therefore, an admitted attorney, even if non-practising, is not required to provide security when appointed as administrator. The magistrate's judgment was set aside and replaced with an order placing the app…
Source excerpt
- Administration Order
- Security For Administrator
- Magistrates Court Act
- Definition Of Practitioner