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High Court of South Africa North-West, Mafikeng

The Judges currently serving on duty at the North West High Court are:

Hon. Judge President RD Hendricks
Hon. Deputy Judge President Djaje
Hon. Judge Petersen
Hon. Judge Reid
Hon. Judge Mfenyana
Hon. Judge Reddy

1 judgment

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1 judgment

Citation	Judgment date
December 2016
AECI Limited v Laufs (CIVAPPFB 8 of 2016) [2016] ZANWHC 63 (1 December 2016) A notice of motion must be signed by an attorney admitted in the division; signing by an out‑of‑division attorney is voidable, not automatically null. Civil procedure – notices of motion – signature requirement – Rule 1 definition of "attorney" – attorney must be admitted, enrolled and entitled to practice in the division concerned; signing by out-of-division attorney is irregular/voidable rather than an absolute nullity. Right of Appearance — confers appearance rights and signing qua advocate across divisions but does not permit signing pleadings qua attorney outside division of admission. Court procedure — irregularity may be subject to condonation; lower court must consider condonation and merits before dismissing as nullity.	1 December 2016

Citation

Judgment date

December 2016

AECI Limited v Laufs (CIVAPPFB 8 of 2016) [2016] ZANWHC 63 (1 December 2016)

A notice of motion must be signed by an attorney admitted in the division; signing by an out‑of‑division attorney is voidable, not automatically null.

Civil procedure – notices of motion – signature requirement – Rule 1 definition of "attorney" – attorney must be admitted, enrolled and entitled to practice in the division concerned; signing by out-of-division attorney is irregular/voidable rather than an absolute nullity. Right of Appearance — confers appearance rights and signing qua advocate across divisions but does not permit signing pleadings qua attorney outside division of admission. Court procedure — irregularity may be subject to condonation; lower court must consider condonation and merits before dismissing as nullity.

1 December 2016