Rule 15- When one's client passes away before the case has been finalised...

I admit that it has been a long time since I have had something to write about in this blog.

While I would prefer to stick with what I know and avoid the unusual cases one such case has found its way to me. Not so much because it concerns the decisions of our MEC for Cooperative Governance and the relevant Local Municipality about the Respondent building on a cultural heritage site, but rather because my client got killed before the court date...

The Respondent's legal team seems to expect of me to raise the white flag and tender costs...

What I think of them for requesting a withdrawal and tender for costs I shall rather leave to your imaginations, however, as I have enough trouble as it is...

So- after a frantic search by my counsel and myself for answers we have found Rule 15 of the Uniform Rules of Court- not to be confused with Rule 15 of the old Magistrates' Court Rules that got used by crooked defendants to make a nuisance of themselves when they had no real defense to begin with...


No- this Rule 15 reads as follow:


"15 Change of Parties
(1) No proceedings shall terminate solely by reason of the death, marriage or other change of status of any party thereto unless the cause of such proceedings is thereby extinguished.

(2) Whenever by reason of an event referred to in subrule (1) it becomes necessary or proper to introduce a further person as a party in such proceedings (whether in addition to or in substitution for the party to whom such proceedings relate) any party thereto may forthwith by notice to such further person, to every other party and to the registrar, add or substitute such further person as a party thereto, and subject to any order made under subrule (4) hereof, such proceedings shall thereupon continue in respect of the person thus added or substituted as if he had been a party from the commencement thereof and all steps validly taken before such addition or substitution shall continue of full force and effect: Provided that save with the leave of the court granted on such terms (as to adjournment or otherwise) as to it may seem meet, no such notice shall be given after the commencement of the hearing of any opposed matter; and provided further that the copy of the notice served on any person joined thereby as a party to the proceedings shall (unless such party is represented by an attorney who is already in possession thereof), be accompanied in application proceedings by copies of all notices, affidavits and material documents previously delivered, and in trial matters by copies of all pleadings and like documents already filed of record, such notice, other than a notice to the registrar, shall be served by the sheriff.
[Subrule (2) substituted by GN R235 of 18 February 1966.]

(3) Whenever a party to any proceedings dies or ceases to be capable of acting as such, his executor, curator, trustee or similar legal representative, may by notice to all other parties and to the registrar intimate that he desires in his capacity as such thereby to be substituted for such party, and unless the court otherwise orders, he shall thereafter for all purposes be deemed to have been so substituted.

(4) The court may upon a notice of application delivered by any party within 20 days of service of notice in terms of subrule (2) and (3), set aside or vary any addition or substitution of a party thus affected or may dismiss such application or confirm such addition or substitution, on such terms, if any, as to the delivery of any affidavits or pleadings, or as to postponement or adjournment, or as to costs or otherwise, as to it may seem meet."


Yes- I admit that it is a lot to read and if you have just scrolled down to what I have to say about it all you are forgiven.

Well... in short this rule allows for somebody to act in my client's stead.

Who this person may be is the following:

1. The executor of my client's estate;

2. His curator;

3. His trustee;

4. a "similar" legal representative.

Well- at the moment I do not know who the executor to my client's estate is. I have feeling that I shall find out quite soon, though... Until I know, however, I have to be prepared to look at other options for a suitable substitute.

There is no curator or trustee in the picture.

Now we get to the last option, which seems to point at yours truly. What is meant by "similar" legal representative I am not certain yet, but that question seems to be the least of my concerns.

My main concern is that other residents around the area affected by the Respondent's activities wish for this matter to continue. It can only continue through the appointed substitute, however, if the court finds upon application (by myself, most likely) that-

1. the cause of the proceedings have not become extinguished by my client's demise;

2. that it is necessary or proper for the substitute to be introduced into the matter and to take it further.

From where I am looking it seems that it would definitely be necessary and proper for the future owner of the deceased's property to continue with this application.

I'd also consider it proper if the other interested residents of the area give me a mandate to act as substitute.

What the Court will have to say on this, however, remains to be seen.

I shall tell you in due course...

Dealing with your Debts

So, times have become tough and you can't afford to pay your rent whilst having to care for your family and now you lie awake at night seeing no way out...

This is no situation in which any of us would like to be and definitely not the type of situation in which any of your creditors would like to see you either.

If you are the type of person who chooses to happily run from creditors and avoid paying this article is not for you. In fact- with our laws as they are today- you don't need legal advice. You need to take responsibility.

If you however are the type of person who does not want any judgments against his name and who prefers to pay all your debts, even if you can't afford to do so due to circumstances beyond your control, I am here to tell you how to protect your assets- especially if you did not safely put it away in a Trust or a Company. What I say also applies to those among you who do not have assets of any great monetary value.

Debt counselling is unattractive to many of us, because it gets noted on your credit record. Still- it has the most basic solution to managing your debts. When your income has dropped to a point where you are not able to meet all your obligations a debt counsellor takes your income and makes arrangements with creditors to pay debts off in affordable installments while leaving a large enough portion of your income for you to cover your living expenses.

It sounds fairly simple, right? So- why can't you do it yourself? Surprisingly- the answer is not that you are not allowed by law to do so, but it is because most creditors are not willing to accept offers to pay debts off in installments. That is, however, until they have obtained judgment against you and the court tells them to.

So- the important thing about making an offer in writing or proposing an arrangement is the timing.
Now- I assume we all know that your creditor is not allowed to take any of your possessions by himself or to use any violence or threat thereof in collecting monies due. Your debt does not preclude you from getting the protection of the courts and the police if any of your creditors does act in this manner. If a creditor wants to enforce his debt he has to sue. For this most creditors need a lawyer and it is at the stage when you know that a lawyer has been appointed that you make your offer.

This sounds bad- I know. The truth, however, is that most creditors are unwilling to make any arrangements with you until their lawyers have talked some sense into them and in some cases, only after the court has told them to accept the installments.

The more cynical among creditors may believe that you are merely pleading poverty to mislead them. If that happens the closest they can get to being convinced will unfortunately only come after judgment has been obtained against you, allowing the creditor to have the Magistrates' Court in your district conduct an inquiry into your financial position.

The best you can do to avoid this is to make the best offer that you can manage and to not prioritise luxuries over your commitments.

If an arrangement is in place and accepted by both parties it has to be in writing and kept to. Sure- it binds you, but it also protects you. In many instances it also tells you when you will be done paying.

It is important to note that debts in respect of which you are not sued prescribe (lapse) after 3 years. A in respect of a debt for which you are sued, on the other hand, stays valid for 30 years.

There really is no other way of overcoming debt other than taking responsibility and doing your part. Hopefully the advice in this article will bring at least some of you peace of mind.

Wen Hsiu Quan: What the Law sees as Self Defence

Wen Hsiu Quan: What the Law sees as Self Defence: Hello, everyone. After reading Jackie Bradbury's recent article in our G+ community I felt compelled to share what I have learnt in t...

Thank you to those who trust me- and welcome to those who have not yet come to me

It has been a long while since my last post to this blog.

I am glad to say that it is due to my having become really busy since I have opened my doors in August last year.

The increase in clients that I am experiencing is one of the greatest blessings any firm can experience.

When one considers that I am a single practitioner that is 100% personally engaged in all the work undertaken by this firm it may be surprising that these clients did not choose to go to the competition in some of the large buildings here in Nelspruit.

Large firms have their advantages and I also realise that clients have a lot of options when they are looking for attorneys. What some clients also realise, however, is that the advantage of having an attorney directly involved in your case without any staff or intermediaries makes finding the person responsible for your file that much easier. 

These clients are also up to date on the progress in their matters and they can actually see developments in their matters when they happen. Even though these clients get regular feedback they can also easily follow up with me.

The same person that takes the instructions from a client also drafts the court papers. No information gets lost between the person that has done the consultation and the person that is going to draft the papers.  

This personal involvement is of the utmost importance and is the cornerstone of my style of practice.

Thank you to my current clients for their support.

If you feel that your legal problems need personal attention- feel free to contact me.

The uphill battle

No matter how much I want it to be otherwise- Litigation can often be a long and tedious affair. No- that is an understatement. It can be draining- both emotionally and financially.

To make matters worse you will often find the court as one of your opponents.





More than once I have found myself thinking that there is no place for legal practitioners in this country simply because we find judges, magistrates and the police more willing to find excuses to show us away than to assist us.



I have realised, however, that if that is how I struggle it can be worse for a lot of those who do not even have the necessary training to interact with these institutions.

It is true. Exercising your rights is difficult because those rights mean work to certain people who came to their offices with designs other than to do the jobs for which they were appointed. Giving up is just going to make that worse.

At least I am able to say that you can successfully  raise a defense of emergency if you have taken the law into your own hands after having exhausted every available remedy. I am fortunate to say that I have not seen anyone reach that point yet.

Approaching the courts or police for assistance may seem an impossible task, but do not give up. With the right guidance you will be able to see your matter through to the end and stay on the right side of the Law.

I know the Courts, Master's Offices and Police can be difficult at times. Instead of trying to tackle them on your own- let me help you.

Declaring War on Beliggerant Tenants and Debtors

Enough is enough!

I have heard enough of tenants that think they can occupy the property of decent folk for free and lazily cite a broken geyser or some maintenance work as their reason for refusal to pay or debtors who have the nerve to criticize the procedures used to get them to answer for their refusal to pay.






As an attorney I have been informed of a lot of legislation protecting the rights of debtors and tenants. The Rental Housing Act and National Credit Act have the following amendments that make the lives of tenants and debtors easier:

1. The removal of doors and changing of locks have been declared unlawful practices;

2. Adverse information on a person's credit record can now only remain on record for 2 years at the most.

That is as if the law as it is does not already afford these scoundrels enough protection!

We now face a breed of debtor that is no longer scared of a letter of demand, who can evade a Sheriff with ease and who can hide his assets in a manner that seems uncanny.

Your average debt collecting agency will simply not cut it in these times.

Although I have not yet found all the solutions we need, experience in debt collecting and aggressive litigation has provided me with knowledge with which to outwit a fair number of these individuals. If we know they have money- I have a way to get it from them!

The days of phoning a debtor who simply switches off his phone the next time are gone. Let me be the one to switch off his phone when a debtor urgently wants to speak to me because the Sheriff is removing his belongings!


As with tenants-

They may enjoy staying for free in a house, using water and electricity at your expense and ignore your complaints as they patiently wait for the eviction proceedings to get finalised, but let's see how they enjoy that stay if the power gets cut in terms of a validly obtained Court Order!

As long as a tenant is earning a salary we can recover at least some of what he owes you. Still- where we cannot recover damages we are in a position to at least limit those damages to a reasonable extent.

To those tenants who start off by saying that they would like to buy the house I have this to say:

Convince me first that you can pay before you talk about buying! Show me that you can obtain the loan if you don't have the cash!


I know a lot of landlords/ landladies in Nelspruit are facing these struggles on their own. Many business persons and entities struggle recovering debts from defaulters who have become adept at avoiding ordinary recovery methods.


Stop struggling alone!

Give me a call!  

Declaring War on Beliggerant Tenants and Debtors

Enough is enough!

I have heard enough of tenants that think they can occupy the property of decent folk for free and lazily cite a broken geyser or some maintenance work as their reason for refusal to pay or debtors who have the nerve to criticize the procedures used to get them to answer for their refusal to pay.






As an attorney I have been informed of a lot of legislation protecting the rights of debtors and tenants. The Rental Housing Act and National Credit Act have the following amendments that make the lives of tenants and debtors easier:

1. The removal of doors and changing of locks have been declared unlawful practices;

2. Adverse information on a person's credit record can now only remain on record for 2 years at the most.

That is as if the law as it is does not already afford these scoundrels enough protection!

We now face a breed of debtor that is no longer scared of a letter of demand, who can evade a Sheriff with ease and who can hide his assets in a manner that seems uncanny.

Your average debt collecting agency will simply not cut it in these times.

Although I have not yet found all the solutions we need, experience in debt collecting and aggressive litigation has provided me with knowledge with which to outwit a fair number of these individuals. If we know they have money- I have a way to get it from them!

The days of phoning a debtor who simply switches off his phone the next time are gone. Let me be the one to switch off his phone when a debtor urgently wants to speak to me because the Sheriff is removing his belongings!


As with tenants-

They may enjoy staying for free in a house, using water and electricity at your expense and ignore your complaints as they patiently wait for the eviction proceedings to get finalised, but let's see how they enjoy that stay if the power gets cut in terms of a validly obtained Court Order!

As long as a tenant is earning a salary we can recover at least some of what he owes you. Still- where we cannot recover damages we are in a position to at least limit those damages to a reasonable extent.

To those tenants who start off by saying that they would like to buy the house I have this to say:

Convince me first that you can pay before you talk about buying! Show me that you can obtain the loan if you don't have the cash!


I know a lot of landlords/ landladies in Nelspruit are facing these struggles on their own. Many business persons and entities struggle recovering debts from defaulters who have become adept at avoiding ordinary recovery methods.


Stop struggling alone!

Give me a call!  

Declaring War on Beliggerant Tenants and Debtors

Enough is enough!

I have heard enough of tenants that think they can occupy the property of decent folk for free and lazily cite a broken geyser or some maintenance work as their reason for refusal to pay or debtors who have the nerve to criticize the procedures used to get them to answer for their refusal to pay.






As an attorney I have been informed of a lot of legislation protecting the rights of debtors and tenants. The Rental Housing Act and National Credit Act have the following amendments that make the lives of tenants and debtors easier:

1. The removal of doors and changing of locks have been declared unlawful practices;

2. Adverse information on a person's credit record can now only remain on record for 2 years at the most.

That is as if the law as it is does not already afford these scoundrels enough protection!

We now face a breed of debtor that is no longer scared of a letter of demand, who can evade a Sheriff with ease and who can hide his assets in a manner that seems uncanny.

Your average debt collecting agency will simply not cut it in these times.

Although I have not yet found all the solutions we need, experience in debt collecting and aggressive litigation has provided me with knowledge with which to outwit a fair number of these individuals. If we know they have money- I have a way to get it from them!

The days of phoning a debtor who simply switches off his phone the next time are gone. Let me be the one to switch off his phone when a debtor urgently wants to speak to me because the Sheriff is removing his belongings!


As with tenants-

They may enjoy staying for free in a house, using water and electricity at your expense and ignore your complaints as they patiently wait for the eviction proceedings to get finalised, but let's see how they enjoy that stay if the power gets cut in terms of a validly obtained Court Order!

As long as a tenant is earning a salary we can recover at least some of what he owes you. Still- where we cannot recover damages we are in a position to at least limit those damages to a reasonable extent.

To those tenants who start off by saying that they would like to buy the house I have this to say:

Convince me first that you can pay before you talk about buying! Show me that you can obtain the loan if you don't have the cash!


I know a lot of landlords/ landladies in Nelspruit are facing these struggles on their own. Many business persons and entities struggle recovering debts from defaulters who have become adept at avoiding ordinary recovery methods.


Stop struggling alone!

Give me a call!