It is Really That Expensive- My First Trip to the SCA

 

It is that one place where you would expect your lawyer to go the very moment you find that your case was not decided in your favour.

In reality many of us in the legal fraternity have brought appeals to our local divisions of the High Court. Some of us have even gone through with them to finalise them. I can remember how in 2016 the costs of such appeals were estimated at R 20 000 at the outset and then- when you get faced with opposition- you realise that the costs will even go beyond R 60 000 if you want to see it through to the very end.

Recently- after 17 years of being in this profession- I have ended up in the Court that is approached when your appeal or your application for leave to appeal in your local division has failed.

 The Supreme Court of Appeal is situated in Bloemfontein. It has a set of rules and practice directives with which few attorneys outside of Bloemfontein are familiar. In the past only Attorneys and Advocates that were specifically given right of appearance in this Court were allowed to appear in this Court. With the implementation of the Legal Practice Act 28 of 2014, however, all admitted Legal Practitioners (be they Advocates or Attorneys) now have right of appearance here.

Having the right to appear does not automatically make one competent to institute and conduct proceedings in a Court, however. This is where the Bloemfontein correspondent comes in. Correspondent Attorneys are appointed in instances where you have to litigate in a Court that is situated more than 15 kilometers away from you. They are required by law to provide an address within the 15km radius where documents can be delivered to you. They also help with the service and filing of papers on your opponents. In the case of the SCA your correspondent also has to be somebody who is familiar with the rules and procedures of this extraordinary Court and capable of helping you get your matter ready for hearing.

Getting the matter ready for hearing in this court involves indexing and paginating the papers in a certain way, binding them in a set manner and having 7 copies of such bundles available. For this we have appointed a specialist- in addition to our correspondent- who charges R 35 000.00 for this service.

How much does the correspondent charge?

Well... If you are used to seeing legal costs you expect unopposed matters to cost you in the range of 

R 8 000 or so. Your correspondent might charge you about for all the receipt and delivery of documents that they get to do. The Bloemfontein correspondent, however, holds the key to getting your documents accepted by the Court and you being awarded a date for hearing. It involves indexing and paginating, the writing and handing in of letters in a specific form and meetings in person with Registrars. The first invoice from our correspondent for all this was R 80 000.00!

After having them concede that they had no reason to peruse the documents (because yes- if you do not expressly tell them NOT to read your documents they will read them and charge you for that) we managed to get their bill down to R 50 000.

As you can expect- the clients grumbled even about this discounted price.

 Promoting access to the Courts to all in the face of high legal costs has been an issue with which I have been battling since my first day in private practice. I know very well that your average salary earner also needs to avail him/ herself of the Courts, but that they cannot be reasonably expected to pay a deposit of R 20 000 before they get assisted. In the case of the SCA one needs to prepare for costs exceeding 

R 100 000.00. 

Familiarity and the fact that I often do not involve Advocates in my matters have me accepting arrangements for payments in installments, but nobody can afford to have these correspondents work on credit only to have the client disappear when they find that the Court did not find in their favour. 

So- if you want to appeal to the SCA- have at least R 100 000 ready. It simply is that expensive... 

After-Sale Surprises

 

So- you have bought something online and after some weeks of anxiety the package finally shows up, only to find the item damaged and not working...

What can you do? Well- honestly you cannot do much unless you have the resources and time to trace the item's journey all the way from the vendor to you, find the culprit and to compile the chain of evidence that leads to said culprit...

Even though the Consumer Protection gives buyers the right to inspect goods that they intend to buy the reality is that some defects do not show up with the inspection before buying, but reveal themselves after the sale has been concluded. 

Here in South Africa consumer law is rather generous and you have a number of remedies and measures at your disposal with which to prevent or deal with hidden defects or undisclosed costs. It is true that a latent defect or hidden costs will get past one or more of these, but the layers of protection that a consumer enjoys under our law is well-developed and it helps to know how to use each one.

In the order of availability from before the sale is concluded up to when you have become aware of the defect or the undisclosed costs these forms of protection are:

1. Reading the contract and inspecting the goods: In some cases you won't have a physical item to inspect, but reading the fine print presented to you can save you a lot of trouble. Skip though all the nonsense and keep an eye out for clauses making provision for costs of which the amounts are not specified and waivers of liability.

2. The 5 day cooling off period: Yes. You have a time within which you can cancel any agreement that you have entered into without any required reason. The condition, though, is that you have not already used the item that you have bought.

3. Amicable Resolution: Many vendors do not want any bad relations with customers and in many cases you will find that they are indeed willing to take the item back and refund you or to at least provide you with an item that is in proper condition. Just take the time to speak to them.

4. Ombuds and Consumer Tribunal: In the case of motor vehicles we have the Motor Services Industry Ombud and similar ombuds actually exist in respect of a number of suppliers of goods and services. If a specific ombud does not exist in respect of the goods that you have bought you have the Consumer Tribunal at your disposal. These tribunals are more accessible than the Courts and also more informal.

5. Courts of Law: When all else fails we have the Courts. Sure- you can wander the passages yourself and get a confused look from the cleaner when you ask her who to see about suing somebody that sold you a broken air-fryer. You will do much better in this case, though, if you consult with a lawyer.

You have the rights. Just equip yourself to use them...

Saying Goodbye to a Legend

For 4 years I have been blessed with the privilege of having the best secretary in the world.

As it happens, though, she was the best because she was meant for far greater things...

Jacqueline Keck took the risk with me during April 2023 to resign from our workplace to start this practice in Sonpark Centre. Her support, hard work and motivation were most of the reasons why we were able to not only start,  but stay open up to now.

Her actual qualifications were, however, severely under-utilized with this practice and it was only a matter of time until she was to leave us to work to her full potential.

Clients will remember Ms Keck as a radiant, professional and helpful face of the practice who always had time to listen.

I will remember her as a trusted comrade and partner as well as a loyal employee who went beyond the call of duty to help this firm in its business.

Thelus International has now gained a valuable asset among its staff.

I want to end off this post by thanking Ms Keck for the legacy that she has left  behind with us and wish her all of the best for the great things she is yet to achieve.