South Africa Case Law

NW Civil Contractors CC v Anton Ramaano Inc and Another (993/2016)

NW Civil Contractors CC v Anton Ramaano Inc and Another (993/2016) [2018] ZALMPTHC 1 (14 May 2018)

Court

Limpopo High Court, Thohoyandou

Case number

993/2016

Judge

AML Phatudi

The court held that section 41(1) of the Attorneys Act bars any attorney from practising for his or her own account without a valid Fidelity Fund Certificate. The attorney in this case admitted to practising without such a certificate, rendering all proceedings initiated by him null and void ab initio. The court found that all rulings and judgments handed down as a result of these proceedings must be set aside. Furthermore, section 41(2) precludes any entitlement to fees for work done while practising without a certificate, protecting members of the public from being charged by attorneys acti…

Source excerpt

• Attorneys Act Compliance
• Fidelity Fund Certificate
• Nullity Of Proceedings
• Costs Order
• Legal Representative Conduct

Irving v Amic Trading (Pty) Ltd (JS104/2014)

Irving v Amic Trading (Pty) Ltd (JS104/2014) [2014] ZALCJHB 418 (31 August 2014)

Court

Labour Court Johannesburg

Case number

JS104/2014

Judge

Snyman

The court found that, save for the reference to section 186(1)(f) in paragraph 6.16 of the applicant's statement of case, the applicant's pleading was not excipiable. The applicant did not plead resignation but rather dismissal by the respondent's conduct, which is a competent cause of action for automatic unfair dismissal under section 197 of the LRA. Any contradictions or ambiguities were minor and could be resolved at pre-trial conference. The respondent was not seriously prejudiced by the alleged defects and should have answered the statement of case. The exception was upheld only in resp…

Source excerpt

• Automatic Unfair Dismissal
• Section 197 Transfer
• Exception Procedure
• Pleading Requirements
• Pretrial Conference
• Legal Representative Conduct

De Villiers v S and Another (904/2006)

De Villiers v S and Another (904/2006) [2014] ZAFSHC 82 (12 June 2014)

Court

Free State High Court, Bloemfontein

Case number

904/2006

Judges

C. Reinders, S. Ebrahim

High Court review of a guilty plea conviction for theft failed. The court held the plea was voluntary, the 18-month delay was unreasonable, and review was inappropriate.

• Review Of Criminal Proceedings
• Conviction And Sentence
• Delay In Bringing Review
• Voluntariness Of Plea
• Legal Representative Conduct
• Criminal-review