And so 2018 has come to an end...

It is very easy in this profession to disregard the passing of a year. "Next Year" in our context is often little more than "Next Month". 

Pending cases still require attention, new court appearances are diarised and we still meet new clients as well.

Still- with this being the third year of me being in this practice I would like to take a moment to see what this year has added.

By now the 33 files with which I have started out in 2016 have increased to 188.

I have been appearing in the High, Regional and District Court on a more regular basis.

What I enjoy most, however, is the cases that got finalised.

This year saw two divorces finalised of which one started out as an opposed divorce.

Amidst the numerous debtors that seemingly enjoy our Magistrates' Court's protection I am glad to see that we have been able to see some of them making payments instead of excuses. In this regard I foresee that our District Court is going to make it harder for us to get money out of defaulters under its jurisdiction, however. I hope that the next year will bring us new solutions. At least my creativity is getting tested in the process...  

Although I still do not under any circumstances litigate on a contingency basis I am pleased to see that I have nonetheless enabled a number of clients to litigate in the High, Regional and District Court where it was initially thought that they would not be able to afford to do so.

Still- It is due to the regular payments of these people, ordinary people like you and me, who have been keeping this practice's cash flow steady enough for it to see the end of yet another year.

For this I thank you all.

This practice was built on a dream to help those who find themselves wronged and at a disadvantage. It was built on a notion that the rich and powerful need to learn that they can not do with us as they please- at least not all the time.

As much as I have enjoyed doing so as a Legal Aid Candidate in 2008 and 2009- I still enjoy fighting for those in need of help and always will.

I hope you all enjoy a safe and happy festive season.

I know that many of you will not be able to reach me during the time from the 14th of this month and the 4th of the next. I sincerely hope, however, that you shall not feel the need to. These 3 weeks are best spent on those people who get deprived of us by work commitments throughout the largest part of the year.

Best Wishes to All!

Execution against Organs of State

Lawyers, I trust, have no trouble knowing whose assets to go after when they have obtained judgment, but I have noticed over time that some departments of our Provincial Government here have begun with a lot of confidence to attempt to mislead us.

One instance- in Mbombela High Court case 898/16 we got an order for costs against the Plaintiff who was an organ of state and department in provincial government who had instituted an action that was actually supposed to have been instituted by another department altogether.

One would think that the Plaintiff had learnt his lesson after having had to withdraw on this technical point and tender costs.

Next thing that happened, however, was that I received emails from yet another government department who wanted to pay the Plaintiff's costs as per the taxed bill, but- wait for it- I first had to register as a VENDOR on their system!

This, of course, is a load of hogwash!

Neither an attorney in my position or the Sheriff should be thrown off by delaying tactics such as this. A functionary in an organ of state who is liable for execution is an execution debtor like any other and his assets are liable for attachment like any other. Those enormous salaries they get can also be attached if the correct procedure is followed.

Personally- I consider being sent from pillar to post by someone who just has to shut up and pay as an insult.

Having to register as a vendor with the indebted organ of state may make things easier for them internally to process the payment, but any delay of longer than 3 days is a delaying tactic.

If the Provincial Government does not yet understand this we shall just have to teach them by experience time and again.