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IN THE NORTH WEST HIGH COURT, MAHIKENG

CASE NO: CIV APP MG 12/2016

Reportable: No

Circulate to Judges: No

Circulate to Magistrates: No

Circulate to Regional Magistrates: No

In the matter between:

KOOT RICHARDS                                                                              Appellant

and

ANDRE RAATH                                                                              Respondent

HENDRICKS J & KGOELE J

DATE OF HEARING : 02 DECEMBER 2016

DATE OF JUDGMENT : 15 DECEMBER 2016

COUNSEL FOR APPELLANT : ADV. SCHEEPERS

COUNSEL FOR THE RESPONDENT : ADV. JAGGA

 

JUDGMENT

 

HENDRICKS J

[1] This is an appeal from the Magistrate Court, Vryburg against the whole of the judgment in which the Magistrate granted absolution from the instance. The Appellant (Plaintiff in the court a quo) was dissatisfied with the judgment of the court a quo; hence this appeal.

[2] The Plaintiff’s claim was for the meager amount of R176.07. It goes without saying that this matter should have been tried in the Small Claims Court and not even in the Magistrate Court before the Magistrate.

[3] In my view, this matter is completely undeserving of a full judgment, suffice to say that I am convinced that the learned Magistrate was absolutely correct in granting the order that he did. His reasoning cannot be faulted. This case does not merit an appeal at all. Both the Applicant and the Respondent were legally represented by counsel who without a doubt have a lot of experience – although not Senior Counsel (SC) – but because of their years of experience can be regarded as Senior Junior Counsel. In particular counsel for the Appellant should have appropriately advised his client. It can never be that counsel take on briefs merely to act an instruction of his/her client. An integral part of the duty of counsel is to advise his/her client and to do so with honesty and integrity.

[4] There is nothing in this appeal (matter) that warrants the attention of this court. There are no important issues at all to canvass in this appeal. This was also raised by Adv. Jagga on behalf of the Respondent. I can even go as far as stating that it was a sheer waste of time and money. I reiterate, counsel – as experience as he is, should have known better. I am of the view that counsel is not entitled to charge any fee at all for this matter.

 

Order

[5] Consequently, the following order is made:

(i) The appeal is dismissed.

(ii) No order as to costs are made.

(iii) Adv. Scheepers on behalf of the Appellant is not entitled to charge any fee for this matter.

(iv) If any fee was charged and paid to Adv. Scheepers, same should be reimbursed to his client through the attorney of record.

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R D HENDRICKS

JUDGE OF THE HIGH COURT

NORTH WEST DIVISION, MAHIKENG

 

I agree

 

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A M KGOELE

JUDGE OF THE HIGH COURT

NORTH WEST DIVISION, MAHIKENG

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