South Africa Case Law

Middelberg v Prokureursorde van Transvaal (565/98)

Middelberg v Prokureursorde van Transvaal (565/98) [2001] ZASCA 2; [2001] 3 All SA 166 (A); 2001 (2) SA 865 (SCA) (22 February 2001)

Court

Supreme Court of Appeal

Case number

565/98

Judges

Smalberger, Vivier, Scott, Mpati, Melunsky

The Supreme Court of Appeal held that an application for the removal of an attorney from the roll, although disciplinary and sui generis, constitutes a civil proceeding within the meaning of section 20(1) and (4) of the Supreme Court Act. The statutory framework requires that leave to appeal be obtained either from the lower court or, if refused, from the Supreme Court of Appeal. Since the appellant did not seek leave to appeal from the lower court, and such leave was not refused, the Supreme Court of Appeal lacked jurisdiction to entertain the appeal. The court emphasized that this requireme…

Source excerpt

• Leave To Appeal
• Scrapping From Roll
• Interpretation Of Civil Proceedings
• Jurisdiction Of Supreme Court
• Disciplinary Applications