Esheria South Africa Case Law
Sign in
South Africa Source-linked decisions Coverage checked

South Africa Case Law

Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.

Courts on this page
2 court collections
Last checked

Search and filter South Africa case law

Results update automatically as you type.

South Africa decisions

Decisions matching the current search

Clear filters
Civil Procedure [2024] ZAGPPHC 742

Van Der Westhuizen v Road Accident Fund (21947/2022)

Van Der Westhuizen v Road Accident Fund (21947/2022) [2024] ZAGPPHC 742 (29 July 2024)

Court
North Gauteng High Court, Pretoria
Case number
21947/2022
Judge
E van der Schyff

The court held that the statutory cap of 25% under section 2(2) of the Contingency Fee Act 66 of 1997 includes VAT. The Legislature, when enacting the CFA, was aware of the VAT Act and did not specify that the cap excludes VAT. Section 64(1) of the VAT Act deems any price charged by a vendor to include VAT. Allowing VAT to be charged above the cap would disadvantage clients and undermine the purpose of the CFA, which is to enhance access to justice and regulate legal fees. The court followed the principle in Masango v Road Accident Fund and Others, finding that VAT is not recoverable above th…

Source excerpt

  • Contingency Fee Agreements
  • Value Added Tax
  • Statutory Fee Caps
  • Contractual Interpretation
Read case analysis
Civil Procedure [2016] ZAGPPHC 656

Anglo American Platinum Ltd and Others v Pienaar and Others (89567/2014)

Anglo American Platinum Ltd and Others v Pienaar and Others (89567/2014) [2016] ZAGPPHC 656 (29 July 2016)

Court
North Gauteng High Court, Pretoria
Case number
89567/2014
Judge
NP Mali

The court found that the first respondent, as administrator of the fourth and fifth applicants, has a direct and substantial interest in the main application and should be joined as a respondent. The court rejected the first respondent's jurisdictional objection, holding that the High Court has jurisdiction to hear the matter, particularly where declaratory relief and interpretation of legislation are sought and where the remedies under the Magistrates' Court Act are inadequate for unsophisticated debtors. The court determined that the issues raised by the applicants pertain to the same quest…

Source excerpt

  • Joinder Of Parties
  • Administration Orders
  • Emoluments Attachment Orders
  • Statutory Fee Caps
  • Magistrates Court Act
  • Debt Collection Regulation
Read case analysis
Civil Procedure [2010] ZAKZPHC 27

Dlamini v Maharaj (3260/10)

Dlamini v Maharaj (3260/10) [2010] ZAKZPHC 27 (8 June 2010)

Court
Kwazulu-Natal High Court, Pietermaritzburg
Case number
3260/10
Judge
Wallis

The court held that the magistrate was correct in disallowing items in the first bill of costs that were covered by the instruction fee and drawing fee under the tariff for administration order applications. The tariff must be interpreted as including all attendances and correspondence necessary for taking instructions and drawing the application, and separate charges for such work are not permitted. Regarding the second to eighteenth bills, the court found that all work performed by Ms Maharaj during the administration was work required of her as administrator, and she was not entitled to re…

Source excerpt

  • Administration Order
  • Taxation Of Costs
  • Magistrates Courts Act
  • Attorney Fees
  • Statutory Fee Caps
Read case analysis

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.