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South Africa Case Law

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Civil Procedure [2017] ZANWHC 89

Batlhaping Ba-Ga Phuduhucwana Traditional Community and Another v Makgale (M573/16)

Batlhaping Ba-Ga Phuduhucwana Traditional Community and Another v Makgale (M573/16) [2017] ZANWHC 89 (1 June 2017)

Court
North West High Court, Mafikeng
Case number
M573/16
Judge
N Gutta

The court found that the applicants provided a reasonable explanation for the irregular signing of documents by an attorney not admitted in the North West division, and that the respondent suffered no prejudice as a result. The court held that condonation should be granted for the non-compliance with the rules of court. The technical objections raised by the respondent were abandoned, and the authority of the attorney to act for both applicants was sufficiently established. The court emphasized that technical irregularities should not impede the resolution of cases on their merits in the abse…

Source excerpt

  • Condonation
  • Irregular Steps
  • Attorney Admission
  • Signing Of Pleadings
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Civil Procedure [2016] ZAFSHC 206

Louw v Grobler and Another (3074/2016)

Louw v Grobler and Another (3074/2016) [2016] ZAFSHC 206 (15 December 2016)

Court
Free State High Court, Bloemfontein
Case number
3074/2016
Judge
Rampai

The court held that although the particulars of claim did not expressly state the attorney's right of appearance in terms of section 4 of Act 62/1995, the combined summons was properly signed by an attorney who was qualified to appear in the High Court. The omission on the particulars of claim was a technical defect that did not render the summons irregular, as the combined summons is a single legal document and the proper signing of the summons redeemed the defect. Regarding the time to defend, the second defendant was served in Bloemfontein within jurisdiction and afforded ten days, which w…

Source excerpt

  • Irregular Step
  • Signing Of Pleadings
  • Right Of Appearance
  • Service Of Summons
  • Prejudice Requirement
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Commercial And Corporate [2003] ZASCA 96

Rösemann v General Council of The Bar of South Africa (364/2002)

Rösemann v General Council of The Bar of South Africa (364/2002) [2003] ZASCA 96; [2003] 4 All SA 211 (SCA); 2004 (1) SA 568 (SCA) (26 September 2003)

Court
Supreme Court of Appeal
Case number
364/2002
Judges
Howie, Mpati, Streicher, Conradie, Heher

The Supreme Court of Appeal held that the appellant, an advocate, was guilty of professional misconduct for accepting instructions from an attorney to perform all administrative and preparatory work normally done by an attorney, including signing pleadings and notices of motion in magistrates' court proceedings and furnishing his own address for service. The referral rule, which requires advocates to act only on instructions from attorneys and not to perform work reserved for attorneys, is a fundamental aspect of the divided legal profession in South Africa and serves the public interest. The…

Source excerpt

  • Professional Misconduct
  • Division Of Legal Professions
  • Referral Rule
  • Signing Of Pleadings
  • Constitutional Right To Practice
  • Attorneys Act
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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.