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South Africa Case Law

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Civil Procedure [2023] ZAECMKHC 56

Dyongo v Road Accident Fund (2465/2021)

Dyongo v Road Accident Fund (2465/2021) [2023] ZAECMKHC 56 (4 May 2023)

Court
Eastern Cape High Court, Makhanda
Case number
2465/2021
Judge
Tilana-Mabece

The court found that the contingency fee agreements in both matters failed to comply with the mandatory requirements of the Contingency Fees Act 66 of 1997. Specifically, the agreements were not entered into with the legal practitioner as required, but rather with the law firms as juristic persons. Furthermore, the agreements were not in the prescribed form and lacked proper judicial oversight prior to acceptance of settlement offers, as required by section 4 of the Act. The statutory provisions are peremptory, and any non-compliance renders the agreements invalid and unenforceable. Consequen…

Source excerpt

  • Contingency Fees Act
  • Invalid Contingency Fee Agreement
  • Attorney Client Fees
  • Judicial Oversight Of Settlement
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Civil Procedure [2022] ZAGPJHC 278

Tshalet v Mosungwa and Another (118881/2021)

Tshalet v Mosungwa and Another (118881/2021) [2022] ZAGPJHC 278 (3 May 2022)

Court
South Gauteng High Court, Johannesburg
Case number
118881/2021
Judge
Manoim

The respondent, as curator ad litem, failed to fulfil his statutory and inherent duties to protect the interests of the patient, a cognitively impaired adult. He did not ensure judicial oversight of settlements as required by the appointing order, failed to provide adequate reporting, and did not properly manage or account for payments received from the Road Accident Fund. The respondent's conduct amounted to incompetence and misconduct, justifying his removal. The applicant, as the patient's sister and current caregiver, demonstrated sufficient interest and locus standi to bring the applicat…

Source excerpt

  • Curator Ad Litem Removal
  • Road Accident Fund Claim
  • Judicial Oversight Of Settlement
  • Trustee Removal Principles
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.