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South Africa Case Law

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Criminal Law [2017] ZANCHC 6

Maringa v Director of Public Prosecutions of the Northern Cape (1104/16)

Maringa v Director of Public Prosecutions of the Northern Cape (1104/16) [2017] ZANCHC 6; 2017 (1) SACR 561 (NCK) (10 February 2017)

Court
Northern Cape High Court, Kimberley
Case number
1104/16
Judge
Matlapeng

The court found that the applicant's trial was potentially irregular because his legal representative did not possess the required certificate to appear in the High Court, as mandated by the Right of Appearance in Courts Act. The applicant only became aware of this irregularity years after conviction, upon consultation with a new attorney. The right to legal representation is fundamental under the Constitution, and representation by an unqualified person constitutes a serious irregularity. The court accepted the applicant's explanation for the delay and found the application to be bona fide,…

Source excerpt

  • Right Of Appearance In Courts Act
  • Irregularity In Criminal Trial
  • Condonation For Late Application
  • Right To Legal Representation
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Civil Procedure [2011] ZAWCHC 313

ABSA Bank Ltd in its capacity as the trustee of the Fountainhead Property Trust v Barinor New Business Venture (Pty) Ltd (7630/2011)

ABSA Bank Ltd in its capacity as the trustee of the Fountainhead Property Trust v Barinor New Business Venture (Pty) Ltd (7630/2011) [2011] ZAWCHC 313; 2011 (6) SA 225 (WCC) (17 June 2011)

Court
Western Cape High Court, Cape Town
Case number
7630/2011
Judge
A.G. Binns-Ward

The court held that the combined summons was fatally defective because it was signed by an attorney who, although holding a certificate of right of appearance under the Right of Appearance in Courts Act, was not enrolled by the registrar of the Western Cape High Court as required by the Attorneys Act. The court found that the relevant legislative provisions require that an attorney must be admitted, enrolled, and entitled to practise as such in the division concerned to sign pleadings. The Right of Appearance in Courts Act regulates only the right to appear in superior courts and does not ove…

Source excerpt

  • Right Of Appearance In Courts Act
  • Uniform Rule 18
  • Signature Of Pleadings
  • Attorneys Act
  • Summary Judgment Procedure
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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.