HAS THE LEGAL PRACTISE ACT (No. 28 OF 2014) EXTENDED THE JURISDICTION OF ATTORNEYS TO SIGN PLEADINGS IN DIVISIONS OTHER THAN THE DIVISION IN WHICH THE ATTORNEYS WERE ENROLLED?

INTRODUCTION The attorney’s profession has well-established rules and practices that have been developed and observed over several years. One such rule is that an attorney with right of appearance could only practise in the division in which he/she has been enrolled (“Rule”). However, the commencement of the Legal Practise Act No. 28 of 2014 (“LPA”)
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Marais and 56 Others v Shiva Uranium (Pty) Ltd (In Business Rescue) and Others (J3049/18) [2018] ZALCJHB 346; (2019) 40 ILJ 177 (LC); [2019] 5 BLLR 472 (LC) (5 October 2018)

SUMMARY Marais and 56 Others (“Applicants”) were the employees of Shiva Uranium (Pty) Ltd (“First Respondent”) and brought an urgent application in the Labour Court seeking leave to institute legal proceedings against the First Respondent, the employer, which was placed in business rescue on 19 February 2018, in terms of section 113 (1)(b) of the
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E v E 12583/2017; R v R 20739/2018; and M v M 5954/2018.

BACKGROUND AND SUMMARY All three of the above matters were referred to the full bench of the High Court, Gauteng Local Division. Until this judgment, parties have been limited to the type of and amount of information they may provide to the Court, consequently, matters are often dispensed with in Court due to the prolixity
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Vedanta Resources Plc and Another v Lungowe and Others [2019] UKSC 20

BACKGROUND AND SUMMARY This is an appeal in the UK Supreme Court (“SC”). The litigation in this matter arises from alleged toxic emissions from the Nchanga Copper Mine (“the Mine”) in the Chingola District of Zambia. The claims are based in delict, namely on the alleged breach of a common law duty of care and
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NEDBANK LTD V THOBEJANE AND RELATED MATTERS [2018] ZAGPPHC 692 (26 SEPTEMBER 2018)

BACKGROUND AND SUMMARY Concerned with (i) the increasing tendency by litigants, mainly banks and other financial institutions, to enrol in the High Court, foreclosure applications with amounts falling within the jurisdiction of the Magistrates’ Court; and (ii) litigants taking advantage of the concurrent jurisdiction between the High Court of South Africa, Gauteng Division, Pretoria (the
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Evergreen Property Investments (Pty) Ltd v Messershmidt (A409/2017) [2018] ZAGPPHC 786 (10 October 2018).

SUMMARY The appellant in this case was the owner of Evergreen Broadacres Retirement Lifestyle Village (“the Village”). The Village is a sectional titles scheme and a housing development scheme. The respondent resides in the Village, is a Life Right Owner and falls into the Phase 1 & 2 category of resident. The respondent’s complaint related
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STANDARD BANK OF SOUTH AFRICA V COMPETITION COMMISSION OF SOUTH AFRICA (165/CACMAR 18) [2018] ZACAC 3

SUMMARY The Applicant (‘Standard Bank’) lodged an application to review and set aside the decision of the Respondent (‘the Commission’) to refer it to the Competition Tribunal (‘the Tribunal’), wherein the Commission alleged that Standard Bank, together with other banks, engaged in cartel conduct prohibited by s4(1)(b)(i) and (ii) of the Competition Act 89 of
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Advertising Standards Authority v Herbex (Pty) Ltd (902/2016) [2017] ZASCA 132

SUMMARY The central issue in this appeal is whether the Appellant, the Advertising Authority of South Africa (the ASA), has jurisdiction over persons who are not its members and who have not consented to its jurisdiction. The respondent (Herbex), which carries on business marketing complementary medicines, is not a member of the ASA. Herbex launched
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