Litsoane v Road Accident Fund and another

• Jurisdiction: http://justis.com/jurisdiction/166,South Africa
• Judge: Berry AJ
• Judgment Date: 12 September 2023
• Citation: 2023 JDR 3453 (FB)
• Hearing Date: 23 March 2023
• Docket Number: 4962/2019
• Court: Free State Division, Bloemfontein

Berry AJ:

[1]

This is an Application to vary a Court Order granted on 10 November 2022 in terms of Rule 42(1)(b).

[2]

The Court Order made a settlement Agreement between the Applicant and the 1st Respondent and Order of Court.

[3]

The Application to make the settlement agreement was only served on the 1st Respondent and proceeded unopposed.

[4]

The Applicant was involved in a vehicle accident and lodged a claim against the 1st Respondent.

[5]

She appointed Motaung Attorneys to represent her.

[6]

The matter was settled on 10 March 2022 in that an offer of settlement was made and accepted.

[7]

The settlement was not made an order of Court at the time.

[8]

Mr Dlabantu was employed as Professional Assistant by Motaung Attorneys.

[9]

Mr Tando Ongama Dlabantu represented Motaung Attorneys at all material times in his capacity as an employee of Motaung Attorneys.

[10]

The settlement agreement nominated the banking details of Motaung Attorneys into which the 1st Respondent had to pay the settlement amount.

2023 JDR 3453 p3

Berry AJ

[11]

Mr Dlabantu left the employ of Motaung Attorneys on 05 October 2022 to start his own firm, cited in this Application as the 2nd Respondent.

[12]

His resignation occurred after the settlement was reached, but prior to payment.

[13]

The Applicant was contacted by Mr Dlabantu on 25 October 2022 and requested a consultation at the premises of the 2nd Respondent.

[14]

Mr Dlabantu, as sole director of the 2nd Respondent, requested the Applicant to sign a new power of attorney appointing the 2nd Respondent as her attorney as well as a new contingency fee agreement.

[15]

Mr Dlabantu was still in the employ of Motaung Attorneys when the settlement agreement was signed.

[16]

Following the appointment of the 2nd Respondent as Attorney of record, the Applicant, represented by the 2nd Respondent brought an Application to make the settlement agreement an Order of Court.

[17]

The Court Order of 10 November 2022 reads as follows:

“1

The settlement recorded in the offer, Annexure “FA1” to the Founding Affidavit is made an Order of Court.”

[18]

The settlement agreement attached to the Application to make it an Order of Court, referred to as ANNEXURE “FA1” stipulated the banking details of Motaung Attorneys as the bank into which payment had to be made.

[19]

Order 2.6 of the 10 November 2022 Court Order however nominate...