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…

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

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

Findlater t/a Findlater Attorneys v M B Morton Estates (Pty) Ltd (6994/2022P)

Findlater t/a Findlater Attorneys v M B Morton Estates (Pty) Ltd (6994/2022P) [2022] ZAKZPHC 78 (29 November 2022)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

6994/2022P

Judge

Seegobin

High Court review of taxation in attorney-and-own-client bills. The court upheld some item disallowances, but allowed WhatsApp correspondence, consultation travel, and reconsideration of a correspondent’s account.

• Taxation Of Costs
• Attorney And Own Client Costs
• Reasonableness Of Fees
• Vat On Legal Costs
• Correspondence Tariff
• Review Of Taxing Master

Strauss Daly v Member of the Executive Council, Health KwaZulu-Natal (2899/2021P)

Strauss Daly v Member of the Executive Council, Health KwaZulu-Natal (2899/2021P) [2021] ZAKZPHC 64 (20 September 2021)

Court

Kwazulu-Natal High Court, Pietermaritzburg

Case number

2899/2021P

Judge

Mossop AJ

The High Court reviewed a Taxing Master’s allowance of perusal fees, holding that a service level agreement did not oust the discretion to tax costs reasonably.

• Taxation Of Costs
• Review Of Taxing Master
• Service Level Agreement
• Reasonableness Of Fees
• Bulk Perusal
• Discretion Of Taxing Master

1st Insurance Brokers (Pty) Ltd and Another v Mudavangu and Others (7134/2017)

1st Insurance Brokers (Pty) Ltd and Another v Mudavangu and Others (7134/2017) [2021] ZALMPPHC 33 (20 July 2021)

Court

Limpopo High Court, Polokwane

Case number

7134/2017

Judge

KGANYAGO

Review of a Taxing Master’s costs rulings dismissed. The court held the agreed hourly rate was exorbitant and that allowing tariff plus 100% was proper.

• Taxation Of Costs
• Attorney And Own Client Costs
• Review Of Taxing Master
• Uniform Rules Of Court
• Reasonableness Of Fees
• Taxation-of-costs

Mkuyana v Road Accident Fund (4000/2017)

Mkuyana v Road Accident Fund (4000/2017) [2020] ZAECGHC 73; [2020] 3 All SA 834 (ECG); 2020 (6) SA 405 (ECG) (2 July 2020)

Court

Eastern Cape High Court, Grahamstown

Case number

4000/2017

Judges

D Van Zyl, G H Bloem, A Rawjee

The court held that the contingency fee agreement between the plaintiff and her attorney was invalid and unenforceable due to non-compliance with the Contingency Fees Act. The attorney's disclosed 'normal fee' was found to be unreasonable, being significantly higher than both the existing and proposed court tariffs, and not justified by the evidence. The agreement was concluded after litigation had commenced, which undermined statutory requirements such as the client's cooling-off period and proper assessment of the claim's prospects. The court emphasized that strict compliance with the Act i…

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• Contingency Fee Agreements
• Attorney And Own Client Costs
• Reasonableness Of Fees
• Judicial Oversight Of Fee Agreements
• Access To Justice

Herman Stols Rekenmeesters BK v Rademeyer (A266/14)

Herman Stols Rekenmeesters BK v Rademeyer (A266/14) [2016] ZAGPPHC 464 (15 March 2016)

Court

North Gauteng High Court, Pretoria

Case number

A266/14

Judges

V.R.S.N Nkosi, N Janse Van Nieuwenhuizen

The High Court overturned absolution from the instance, holding the appellant had shown prima facie evidence that its professional fees were reasonable.

• Absolution From The Instance
• Professional Services Contract
• Reasonableness Of Fees
• Pleadings And Issues
• Absolution-from-the-instance
• Professional-fees

Lander v O'Meara and Another (5602/2009)

Lander v O'Meara and Another (5602/2009) [2009] ZAKZDHC 14; 2011 (1) SA 204 (KZD) (13 May 2009)

Court

Kwazulu-Natal High Court, Durban

Case number

5602/2009

Judge

Gorven

The court found that the committee, acting as the first respondent, had properly considered all relevant criteria under Rule 16(b) of the Society rules in assessing the applicant's fee. The committee did not focus solely on time expended but also considered the amount and importance of the work, complexity, seniority, urgency, and quality. The applicant's reliance on a percentage of the transaction value and comparison to estate agent commissions was not justified under the rules. The matter was not complex and involved limited hours of work. The court held that it was not in as good a positi…

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• Attorneys Act Fee Assessment
• Review Of Taxing Master
• Remuneration Of Attorneys
• Non Litigious Work
• Reasonableness Of Fees

Anderson v Integrated Health Technologies Ltd (98/26077)

Anderson v Integrated Health Technologies Ltd (98/26077) [1999] ZAGPHC 6 (13 May 1999)

Court

High Courts - Gauteng

Case number

98/26077

Judge

Willis

Interlocutory ruling on whether a Law Society allocatur is prima facie proof of reasonable attorney’s fees in a non-litigious fee dispute.

• Attorney Fees
• Allocatur
• Reasonableness Of Fees
• Contractual Terms
• Attorney-fees
• Reasonableness-of-fees