South Africa Case Law

Maite v Borman Duma Zitha Attorneys (42064/2017)

Maite v Borman Duma Zitha Attorneys (42064/2017) [2025] ZAGPJHC 183 (18 February 2025)

Court

South Gauteng High Court, Johannesburg

Case number

42064/2017

Judge

Snyman

The plaintiff was briefed by the defendant for each invoice and performed the required legal work. The invoices for individual claimant RAF matters (A1 to A26) were not subject to any specific condition of taxation or assessment, and the defendant did not dispute or challenge them prior to litigation. The applicable payment terms were governed by the Pretoria Bar Council Rules, requiring payment unless disputed and subject to a 60-day period. The defendant's plea did not raise assessment or taxation as a defence, and no evidence was presented to substantiate claims of unreasonableness or fict…

Source excerpt

• Professional Fees
• Road Accident Fund
• Service Agreement
• Invoice Payment
• Reasonableness Of Fees

Sabdia N.O and Another v Soma and Another (845/2023)

Sabdia N.O and Another v Soma and Another (845/2023) [2024] ZASCA 174; 2025 (4) SA 450 (SCA) (12 December 2024)

Court

Supreme Court of Appeal

Case number

845/2023

Judges

Mbatha, Hughes, Keightley, Unterhalter, Coppin

The Supreme Court of Appeal held that the will of the late Dr Mahamed Faruk Sabdia expressly authorised the executors to charge and be paid all usual professional fees and other charges for business transacted, time spent, and acts done in connection with the administration of the estate. Section 51(1)(a) of the Administration of Estates Act allows a testator to fix the executor's remuneration, including professional fees. The remuneration clause and clause 5.3 of the will clearly indicated the testator's intention that the executors, including one who was an attorney, and his associates, sho…

Source excerpt

• Executor Remuneration
• Administration Of Deceased Estates
• Professional Fees
• Will Interpretation
• Taxation Of Costs

Mokoena v South African Legal Practice and Others (2023/034824)

Mokoena v South African Legal Practice and Others (2023/034824) [2024] ZAGPPHC 859 (26 August 2024)

Court

North Gauteng High Court, Pretoria

Case number

2023/034824

Judge

Sipunzi

The High Court dismissed an advocate’s application for payment of fees, holding he had not shown grounds to escape a longstanding payment arrangement or settlement.

• Professional Fees
• Settlement Agreement
• Code Of Conduct Violation
• Non Joinder
• Lis Pendens
• Irregular Proceedings

Dayanand-Jugroop v Ngento (2022/23261)

Dayanand-Jugroop v Ngento (2022/23261) [2024] ZAGPJHC 302 (20 March 2024)

Court

South Gauteng High Court, Johannesburg

Case number

2022/23261

Judge

R Strydom

The High Court granted an advocate’s claim for unpaid professional fees, rejecting the respondent’s procedural objections and untimely challenge to the charges.

• Professional Fees
• Legal Practitioners Liability
• Reasonableness Of Fees
• Jurisdiction
• Lis Pendens
• Fee Dispute Resolution

Venter v Kuduskop Estate (Pty) Ltd and Others (75594/2013)

Venter v Kuduskop Estate (Pty) Ltd and Others (75594/2013) [2022] ZAGPPHC 295 (14 April 2022)

Court

North Gauteng High Court, Pretoria

Case number

75594/2013

Judge

N Davis

The court dismissed a prescription special plea over attorney fees, holding prescription began only 14 days after accounts were rendered under the cost agreement.

• Prescription Act
• Professional Fees
• Cost Agreement
• Special Plea
• Mandate Completion
• Prescription

Selota v Cheune (52908/2018)

Selota v Cheune (52908/2018) [2022] ZAGPPHC 82 (31 January 2022)

Court

North Gauteng High Court, Pretoria

Case number

52908/2018

Judge

DT Skosana

The High Court dismissed an application to rescind a default judgment for unpaid advocate’s fees, finding no good cause, no bona fide defence, and no basis for condonation.

• Rescission Of Judgment
• Default Judgment
• Condonation
• Professional Fees
• Taxation Of Costs
• Rescission-of-judgment

RAiN Chartered Accountants Incorporated v South African Social Security Agency (CCT 48/17)

RAiN Chartered Accountants Incorporated v South African Social Security Agency (CCT 48/17) [2021] ZACC 27; 2021 (11) BCLR 1225 (CC) (10 September 2021)

Court

Constitutional Court

Case number

CCT 48/17

Judges

Zondo ACJ, Madlanga J, Madondo AJ, Majiedt J, Mhlantla J, Pillay AJ, Rogers AJ, Theron J, Tlaletsi AJ, Tshiqi J

The Constitutional Court held that SASSA must pay reasonable fees for RAiN’s further work under the April 2021 order and consider appointing RAiN under a deviation process.

• Public Procurement
• Estoppel
• Treasury Regulations
• Constitutional Principles
• Professional Fees
• Scope Of Contract

Rudnat Projects v Nketoane Local Municipality & others (2870/2013)

Rudnat Projects v Nketoane Local Municipality & others (2870/2013) [2021] ZAFSHC 135 (25 March 2021)

Court

Free State High Court, Bloemfontein

Case number

2870/2013

Judge

Naidoo

High Court decision dismissing an application for absolution from the instance in a dispute over payment for municipal engineering services.

• Absolution From The Instance
• Unjust Enrichment
• Contractual Liability
• Municipal Services
• Professional Fees
• Absolution-from-the-instance

Ramesh Luckychund & Associates v Sewpal (AR441/2019)

Ramesh Luckychund & Associates v Sewpal (AR441/2019) [2020] ZAKZPHC 37 (19 June 2020)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

AR441/2019

Judges

D. Pillay, Balton

The High Court dismissed an attorney’s late appeal and condonation application over unpaid counsel’s fees, finding no prospects of success and awarding attorney-and-client costs.

• Condonation
• Default Judgment
• Professional Fees
• Contingency Fee Agreement
• Attorney Client Relationship
• Default-judgment

Sesane v Road Accident Fund and Another (36587/2016)

Sesane v Road Accident Fund and Another (36587/2016) [2019] ZAGPPHC 1020 (10 December 2019)

Court

North Gauteng High Court, Pretoria

Case number

36587/2016

Judge

Collis

The court dismissed an advocate’s application for payment of fees, finding a genuine dispute about the agreed payment terms could not be resolved on affidavit.

• Mandate Agreement
• Professional Fees
• Dispute Of Fact
• Service Level Agreement
• Dispute-of-fact
• Motion-proceedings