Marx v Stalcor and Others (J4779/99)
Marx v Stalcor and Others (J4779/99) [2001] ZALC 183; [2001] 12 BLLR 1338 (LC); (2001) 22 ILJ 2669 (LC) (22 October 2001)
The court held that attorneys who are not in possession of a Fidelity Fund certificate and who are not on the practising roll are not entitled to practice for gain in the Labour Court. The Labour Relations Act section 161 does not override the requirements of the Attorneys Act, and the act of representing clients for reward in the Labour Court constitutes practising as an attorney, which requires compliance with section 41 of the Attorneys Act. Accordingly, pleadings and pre-trial minutes signed by attorneys not entitled to practice are declared null and void. The court further found that wit…
Source excerpt
- Right Of Audience
- Attorneys Act Compliance
- Fidelity Fund Certificate
- Labour Relations Act Section 161
- Nullity Of Proceedings