MEC for Economic Affairs, Environment & Tourism: Eastern Cape v Kruizenga and Another (169/09)
MEC for Economic Affairs, Environment & Tourism: Eastern Cape v Kruizenga and Another (169/09) [2010] ZASCA 58; 2010 (4) SA 122 (SCA) ; [2010] 4 All SA 23 (SCA) (1 April 2010)
The Supreme Court of Appeal held that by appointing the State Attorney to defend the claim and participate in pre-trial conferences, the appellant represented to the respondents and the outside world that his legal representatives had the usual and customary powers associated with such appointments, including the authority to make admissions, concessions, and settlements at rule 37 conferences. The respondents reasonably relied on this representation and were entitled to assume the State Attorney had the necessary authority. The appellant's failure to inform the respondents of any limitation…
Source excerpt
- Ostensible Authority
- Rule 37 Pre Trial Conference
- Settlement Agreement
- Estoppel
- Government Liability
- Agency Law