At the Roll Call of the Court of Appeal this morning, there was no appearance on behalf of the appellant, your client. This office
has not received a Notice of Withdrawal or any form of notification pertaining to the future cause of this appeal. The Honourable,
Mr. Justice Browde, has requested the Respondent’s legal representatives to ascertain from you as to what the situation is
and to convey same to the Court.
Kindly advise the writer hereof whether or not you are proceeding with the Appeal.
If no response has been received from you by close of business on Tuesday 28th May 2002, it shall be accepted that you have abandoned the Appeal and that you are tendering costs as set out above.”
To this fax there was no reply. When the appeal was called this morning there was no appearance on behalf of the appellant.
This Court has on many occasions in the past, and more particularly also at the last session of the Court of Appeal, cautioned counsel
and attorneys that this kind of conduct will not be tolerated. Should practitioners treat litigants and the Court in this cavalier
and unprofessional manner we made it clear that appropriate orders as to costs could well be made.
This is such a case. The appeal was without merit, it was noted purely for purposes of delaying the proceedings. An appropriate order
would therefore be the following:
The appeal is struck from the roll with costs, including costs of counsel. Such costs are to be paid de bonis propriis by the firm of Bheki G. Simelane and Company. This order is to be served on the appellant in the person of its liquidator and on
Messrs. Bheki Simelane, respondent’s attorneys.
J.H. STEYN JA
I AGREE
J. BROWDE JA
I AGREE
N.W. ZIETSMAN
Delivered in open Court on this 29th day of May 2002.
