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South Africa Case Law

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Civil Procedure [2025] ZAGPJHC 441

Mabo v Ignasia Zanazi INC and Another (054873/23)

Mabo v Ignasia Zanazi INC and Another (054873/23) [2025] ZAGPJHC 441 (2 May 2025)

The High Court ordered an attorney and her firm to account for trust monies, hand over the client file, and pay attorney-and-client costs after mandate termination.

  • Attorney Client Mandate
  • Trust Money Accounting
  • Statement Of Account
  • Termination Of Mandate
  • Attorney-client-mandate
  • Trust-money-accounting
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Civil Procedure [2023] ZAGPPHC 187

Macberth Attorneys Incorporated v South African Forestry Company SOC, Ltd and Others

Macberth Attorneys Incorporated v South African Forestry Company SOC, Ltd and Others [2023] ZAGPPHC 187; 29177/2020 (22 March 2023)

The applicant failed to provide a satisfactory explanation for the delay in filing the application for leave to appeal, as the judgment was emailed to its counsel on the date of delivery and the deeming provisions of the Electronic Communications and Transmissions Act applied. The applicant did not rebut these provisions and did not account for the period of delay. Furthermore, the contract period had lapsed prior to the review application, rendering any order sought on appeal without practical effect. The court found no reasonable prospects of success on appeal and no compelling reason to gr…

  • Condonation For Late Filing
  • Leave To Appeal
  • Termination Of Mandate
  • Prospects Of Success
  • Practical Effect Of Order
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Civil Procedure [2022] ZAGPPHC 744

Chabeli Molatoli Attorneys Incorporated v Pitso N.O and Others (25412/22)

Chabeli Molatoli Attorneys Incorporated v Pitso N.O and Others (25412/22) [2022] ZAGPPHC 744 (6 October 2022)

The High Court declared unlawful the termination of an attorney’s mandate in a deceased estate matter and ordered costs against the first four respondents.

  • Removal Of Executor
  • Termination Of Mandate
  • Administration Of Deceased Estates
  • Agency Law
  • Costs Orders
  • Deceased-estates
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Administrative Law [2022] ZAGPPHC 150

Macberth Attorneys Incorporated v South African Forestry Company SOC, Ltd and Others (29177/2020)

Macberth Attorneys Incorporated v South African Forestry Company SOC, Ltd and Others (29177/2020) [2022] ZAGPPHC 150 (2 March 2022)

The court found that the decision to terminate the applicant's mandate was not taken pursuant to any legislative instrument but was based on the contract between the parties. The termination did not constitute administrative action as defined by PAJA and was therefore not reviewable under administrative law. The relationship and rights to terminate arose from the contract and not from statutory authority. The applicant's conduct, including overcharging and acting without mandate, justified the respondents' decision to terminate. Furthermore, the application was moot as the contract had expire…

  • Promotion Of Administrative Justice Act
  • Termination Of Mandate
  • Contractual Breach
  • Preferential Procurement
  • Costs Award
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Civil Procedure [2012] ZAKZPHC 81

PGP Body Corp Administration CC v The Trustees of the body Corporate Club Kerkira (AR 403/11)

PGP Body Corp Administration CC v The Trustees of the body Corporate Club Kerkira (AR 403/11) [2012] ZAKZPHC 81 (26 October 2012)

Appeal against a costs order after an urgent application over body corporate funds was dismissed. The court held the trustees’ termination steps were valid and costs were justified.

  • Costs Award
  • Sectional Titles Act
  • Management Rules
  • Termination Of Mandate
  • Sectional-titles
  • Costs-order
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Civil Procedure [2001] ZASCA 131

Shapiro & De Meyer Inc v Schellauf (215/00)

Shapiro & De Meyer Inc v Schellauf (215/00) [2001] ZASCA 131 (27 November 2001)

The Supreme Court of Appeal held that a client’s reservations did not suspend an attorney’s mandate absent express withdrawal, and the appeal succeeded.

  • Attorney Client Mandate
  • Recovery Of Counsel Fees
  • Termination Of Mandate
  • Attorney-client-mandate
  • Recovery-of-counsel-fees
  • Termination-of-mandate
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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.