The Law Society of SA (LSSA) has welcomed a Gauteng High Court judgment – seen as ‘reaffirming the specialised skill involved in the conveyancing process’ – in the matter Proxi Smart Services (Pty) Limited vs the Law Society of SA and Others.

The applicant applied for declaratory relief concerning the lawfulness of its business model for performing the administrative and related services pertaining to property transfers that it contended was not by law reserved to conveyancers or legal practitioners.

The court held that the applicant has not made out a case for the relief it sought and dismissed the application with costs.

‘Proxi Smart Services wanted to render certain “non-reserved” or “administrative” conveyancing-related services. The LSSA contended Proxi Smart’s attempt at creating a distinction between ‘reserved work’ and ‘non-reserved work’ had no basis in law, and that the full conveyancing process was regarded as professional work performed by conveyancers – who were regulated by the statutory, provincial law societies.

'This should remain so in the interest of the public,' says LSSA co-chairpersons Ettienne Barnard and Mvuzo Notyesi.

Proxi Smart Services (Pty) Limited vs the Law Society of SA and Others