CCT192/18

[2019] ZACC 23

2019 (8) BCLR 919 (CC)

Jafta J

14 March 2019

27 June 2019

http://hdl.handle.net/20.500.12144/36581

Application for leave to appeal against a judgment of the SCA: Jiba and Another v General Council of the Bar of South Africa and Another; Mrwebi v General Council of the Bar of South Africa (141/17; 180/17) [2018] ZASCA 103; [2018] 3 All SA 622 (SCA); 2019 (1) SA 130 (SCA); 2019 (1) SACR 154 (SCA) (10 July 2018). The case was previously heard in the Pretoria High Court: General Council of the Bar of South Africa v Jiba and Others (23576/2015) [2016] ZAGPPHC 833; [2016] 4 All SA 443 (GP); 2017 (1) SACR 47 (GP); 2017 (2) SA 122 (GP) (15 September 2016).

Admission of Advocates Act 74 of 1964 — unethical conduct — fit and proper person test — dismissed for lack of jurisdiction Costs — litigation pursued in the interests of justice — general rule is that bodies like the GCB are not liable for costs — adverse costs order only permissible where body has acted recklessly or irresponsibly