South Africa Case Law

Mvenya v Standard Bank of South Africa Limited and Another (21/46591)

Mvenya v Standard Bank of South Africa Limited and Another (21/46591) [2025] ZAGPJHC 406 (26 April 2025)

Court

South Gauteng High Court, Johannesburg

Case number

21/46591

Judge

Van Aswegen

The court held that the Legal Practice Act explicitly reserves the right of appearance in the High Court for admitted legal practitioners. Section 25 and section 33 of the Act prohibit laypersons from representing natural persons in court or preparing documents for court proceedings. The common law position, confirmed by the Supreme Court of Appeal, is that laypersons may not represent litigants in higher courts, and the court has no discretion to deviate from this statutory restriction. The applicant's agent, Mr. De Beer, lacks the requisite legal qualification and authority to appear, regar…

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• Right Of Audience
• Legal Practice Act
• Layperson Representation
• Authority To Represent

Umegbolu and Another v Dunno Proprietary Limited and Others (17555/2024)

Umegbolu and Another v Dunno Proprietary Limited and Others (17555/2024) [2024] ZAWCHC 389 (25 November 2024)

Court

Western Cape High Court, Cape Town

Case number

17555/2024

Judge

R K Parker

The High Court dismissed an application for leave to appeal against the refusal of urgent interdict relief, finding no reasonable prospects of success.

• Leave To Appeal Test
• Urgent Interdict
• Anti Dissipatory Interdict
• Right Of Audience
• Judicial Reasoning
• Balance Of Convenience

Investec Securities (PTY) Ltd v Corwil Investments Holdings (PTY) Ltd and Others (2021/11126)

Investec Securities (PTY) Ltd v Corwil Investments Holdings (PTY) Ltd and Others (2021/11126) [2022] ZAGPJHC 475 (20 July 2022)

Court

South Gauteng High Court, Johannesburg

Case number

2021/11126

Judge

Wepener

The High Court held that Mr Hittler could not represent Corwil in proceedings and set aside a withdrawal filed on its behalf, granting declaratory relief to Investec.

• Right Of Audience
• Representation Of Companies
• Irregular Proceedings
• Final Interdict
• Company-representation
• Right-of-audience

S v Mbuyisa (2018/6)

S v Mbuyisa (2018/6) [2018] ZAGPJHC 421; 2018 (2) SACR 691 (GJ) (21 May 2018)

Court

South Gauteng High Court, Johannesburg

Case number

2018/6

Judges

Sutherland, Carelse

The court held that the accused's representation by Ms Mpitso, who had been struck off the Roll of Advocates, constituted a material irregularity that vitiated the entire proceedings. The jurisprudence across several divisions of the High Court consistently supports setting aside proceedings where an unlicensed person appears for the accused. The court rejected the pragmatic approach adopted in S v Chukwu, emphasizing that the integrity of the legal system depends on representation by properly licensed officers of the court. The proceedings were set aside in their entirety, and directions wer…

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• Right Of Audience
• Irregularity In Proceedings
• Malicious Injury To Property
• Unlicensed Possession Of Firearm
• Unlicensed Possession Of Ammunition

Manong & Associates (Pty) Ltd v Minister of Public Works and Another (518/2008)

Manong & Associates (Pty) Ltd v Minister of Public Works and Another (518/2008) [2009] ZASCA 110; 2010 (2) SA 167 (SCA) ; [2010] 1 All SA 267 (SCA) (23 September 2009)

Court

Supreme Court of Appeal

Case number

518/2008

Judges

Harms, Brand, Ponnan, Snyders, Bosielo

The Supreme Court of Appeal held that the appellant failed to establish a prima facie right to the interim interdict sought. The allegations of discrimination and lack of consultation were speculative and unsupported by factual evidence. The respondents provided a reasonable explanation for the policy change, demonstrating compliance with statutory requirements and evidence of stakeholder consultation. The court reaffirmed the rule that companies must be represented by qualified legal practitioners, but exercised its discretion to allow the managing director to appear due to exceptional circu…

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• Interim Interdict
• Right Of Audience
• Procurement Policy
• Equality Act
• Section 217 Constitution
• Prima Facie Case

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)

Court

Labour Court

Case number

J4779/99

Judge

A A Landman

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…

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• Right Of Audience
• Attorneys Act Compliance
• Fidelity Fund Certificate
• Labour Relations Act Section 161
• Nullity Of Proceedings

Dormehl v Minister of Justice and Others (CCT10/00)

Dormehl v Minister of Justice and Others (CCT10/00) [2000] ZACC 4; 2000 (2) SA 825 ; 2000 (5) BCLR 471 (CC) (14 April 2000)

Court

Constitutional Court

Case number

CCT 10/2000

Judges

Chaskalson P, Langa DP, Goldstone J, Kriegler J, Madala J, Mokgoro J, Ngcobo J, O'Regan J, Sachs J, Yacoob J, Cameron AJ

The Constitutional Court refused direct access, holding that Rule 17 is constitutionally valid and that the applicant's abstract challenges were not properly before the Court.

• Direct Access
• Right Of Audience
• Security For Costs
• Leave To Appeal
• Mandamus Against Judge
• Direct-access

Dhlamini and Others v Durban Deep Wholesale Meat supply (J13/98)

Dhlamini and Others v Durban Deep Wholesale Meat supply (J13/98) [1998] ZALC 51 (7 August 1998)

Court

Labour Court

Case number

J13/98

Judge

R M M Zondo

The Labour Court upheld a taxing master's refusal to allow fees claimed by a union official, holding that only attorneys may recover such fees.

• Taxation Of Costs
• Right Of Audience
• Attorneys Act
• Union Representation
• Taxation-of-costs
• Right-of-audience

Secunda Supermarket CC trading as Secunda Spar and Another v Dreyer N.O and Others (J1029/98)

Secunda Supermarket CC trading as Secunda Spar and Another v Dreyer N.O and Others (J1029/98) [1998] ZALC 47 (7 July 1998)

Court

Labour Court

Case number

J1029/98

Judge

Jali

The court found that section 138(4) of the Labour Relations Act does not require an employers' organisation to be registered for its official to represent a party in arbitration proceedings. The commissioner committed a procedural irregularity by refusing Mr Louw the right of audience solely on the basis of lack of registration. Further, the commissioner erred by making findings regarding employees who were not present at the hearing, relying on argument rather than evidence, which is insufficient to discharge the onus for constructive dismissal. The refusal to allow legal representation was…

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• Representation In Arbitration
• Constructive Dismissal
• Procedural Irregularity
• Costs Award
• Right Of Audience