Amalgamated Lawyers Association and Another v Judicial Service Commission and Others (2022-036684)
Amalgamated Lawyers Association and Another v Judicial Service Commission and Others (2022-036684) [2023] ZAGPJHC 1312 (15 November 2023)
The application for leave to appeal was dismissed because the applicants failed to comply with section 47(1) of the Superior Courts Act by citing a judge without obtaining the required consent, rendering the proceedings invalid. The court found that the section 47(1) point was properly raised and could be decided during interlocutory proceedings, as no procedural rule precludes a fatal point from being determined at that stage. The applicants were not denied a fair hearing, as they were present in law and had the opportunity to argue the section 47(1) issue. The attorney and client costs orde…
Source excerpt
- Section 47 Consent Requirement
- Review Proceedings
- Audi Alterem Partem
- Costs Order
- Fair Hearing
- Superior Courts Act