Synopsis:
Section 34 of the Constitution — right to access to courts — right
to fair public hearing — notice and an opportunity to be heard —
procedural and substantive fairness not satisfied in this instance.
Application for leave to appeal against the decision of the Supreme Court of Appeal ordering the applicants’ attorneys of record to repay funds held in an interest-bearing trust account, together with interest, at a rate higher than the trust account provided. However, the attorneys were not cited as a party on appeal to the Supreme Court of Appeal. The attorneys had acted as conveyancers in a failed transaction for the purchase and sale of property, which was the subject of the proceedings and in respect of which they had held the funds. The Court granted leave to appeal and set aside the order of the Supreme Court of Appeal, holding that it violated the attorneys’ right to procedural and substantive fairness under section 34 of the Constitution (access to courts).
Judgment Nkabinde J (unanimous)
