South Africa Case Law

Ditsoane v ACWA Power Africa Holdings (Pty) Ltd (CCT 107/23)

Ditsoane v ACWA Power Africa Holdings (Pty) Ltd (CCT 107/23) [2023] ZACC 44; 2024 (3) BCLR 307 (CC); (2024) 45 ILJ 467 (CC) (12 December 2023)

Court

Constitutional Court

Case number

CCT 107/23

Judges

Maya, Kollapen, Mathopo, Mhlantla, Rogers, Schippers, Theron, Tshiqi

The Constitutional Court found that the notice of withdrawal filed by the applicant's former attorneys was unauthorised, as it was contrary to her express instructions and not within the usual or implied authority of attorneys. There was no ratification or ostensible authority, and the applicant's conduct did not amount to acquiescence. The respondent suffered no real prejudice, as it was aware the applicant intended to pursue her claim. The delays in prosecuting the revival application were not attributable to the applicant but to court congestion and procedural confusion. The Labour Court m…

Source excerpt

• Unfair Dismissal
• Authority Of Attorney
• Withdrawal Of Case
• Condonation
• Ostensible Authority