South Africa Case Law

Samuels v South African Legal Practice Council (formerly Law Society of the Northern Provinces) (1112/2021)

Samuels v South African Legal Practice Council (formerly Law Society of the Northern Provinces) (1112/2021) [2022] ZASCA 175 (7 December 2022)

Court

Supreme Court of Appeal

Case number

1112/2021

Judges

Petse DP, Mothle JA, Daffue AJA, Windell AJA, Siwendu AJA

The Supreme Court of Appeal found that the High Court committed a serious procedural irregularity by failing to afford the appellant a fair hearing. Despite the appellant's dilatory conduct, the High Court did not provide the promised opportunity for oral argument via virtual platforms and proceeded to decide the matter on the papers without hearing either party. This violated the appellant's right to a fair public hearing under section 34 of the Constitution. The Court held that the denial of a fair hearing vitiated the proceedings, and the matter must be referred back to the High Court for…

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• Striking Off Attorneys
• Fair Hearing Right
• Postponement Of Proceedings
• Disciplinary Enquiry
• Misappropriation Of Trust Funds
• Professional Misconduct

Ranamane v Law Society of the Northern Provinces (69007/2015)

Ranamane v Law Society of the Northern Provinces (69007/2015) [2017] ZAGPPHC 845 (8 March 2017)

Court

North Gauteng High Court, Pretoria

Case number

69007/2015

Judges

AC Basson, M Senyatsi

The High Court refused leave to appeal, holding that late affidavits were properly excluded for want of a proper explanation and application, and that no unfair-hearing error was shown.

• Late Filing Of Affidavits
• Admission Of Evidence
• Fair Hearing Right
• Sanction Discretion
• Late-filing-of-affidavits
• Admission-of-evidence

National Director of Public Prosecutions v Mohamed NO and Others (CCT44/02)

National Director of Public Prosecutions v Mohamed NO and Others (CCT44/02) [2003] ZACC 4; 2003 (1) SACR 561; 2003 (5) BCLR 476 ; 2003 (4) SA 1 (CC) (3 April 2003)

Court

Constitutional Court

Case number

CCT44/02

Judges

Ackermann, Chaskalson, Langa, Goldstone, Madala, Mokgoro, Moseneke, Ngcobo, O'Regan, Yacoob

Section 38 of the Prevention of Organised Crime Act does not preclude the High Court from issuing a rule nisi together with an interim preservation order. The phrase 'by way of an ex parte application' merely prescribes the initiating procedure and does not exclude the audi alteram partem principle. The inherent jurisdiction of the High Court and established common law practice permit the granting of interim orders and rules nisi to protect both the interests of the State and affected parties. The absence of explicit reference to a rule nisi in section 38 does not imply its exclusion, especia…

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• Fair Hearing Right
• Audi Alteram Partem
• Statutory Interpretation
• Preservation Of Property Order
• Remedial Orders
• Reading In And Severance

National Director of Public Prosecutions and Another v Mohamed NO and Others (CCT13/02)

National Director of Public Prosecutions and Another v Mohamed NO and Others (CCT13/02) [2002] ZACC 9; 2002 (9) BCLR 970 (CC); 2002 (4) SA 843 (CC); 2002 (2) SACR 196 (CC) (12 June 2002)

Court

Constitutional Court

Case number

CCT13/02

Judges

Ackermann, Chaskalson, Langa, Goldstone, Kriegler, Madala, Ngcobo, O'Regan, Sachs, Du Plessis, Skweyiya

The Constitutional Court held that the High Court erred by deciding the matter solely on the narrow procedural issue of section 38 and by issuing an incompetent order of notional severance to cure an omission. The correct approach, where a constitutional challenge is brought against a statutory provision, is to adjudicate all relief sought unless abandoned, and to use reading in as the remedy for omissions, not notional severance. The High Court failed to address the broader challenge to Chapter 6 of the Act, which remained a live issue. The Constitutional Court set aside the High Court's ord…

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• Fair Hearing Right
• Reading In Remedy
• Preservation Of Property Order
• Constitutional Invalidity
• Retrospective Orders