LSSA welcomes ConCourt dismissal of conveyancing issue
The Law Society (LSSA) has welcomed the dismissal by the Constitutional Court of the application for leave to appeal in the matter of Proxi Smart Services (Pty) Limited v the Law Society of SA and Others. The matter was dismissed with costs.
The court concluded that ‘given the procedural insufficiencies in the applicant’s case, it is not in the interests of justice for it to adjudicate the issue on these papers’.
An LSSA statement says Proxi Smart Services applied to the Gauteng High Court for declaratory relief regarding 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 for conveyancers or legal practitioners.
The LSSA contended that the applicant’s attempt at creating a distinction between 'reserved work' and 'non-reserved work' had no basis in law, and that the full conveyancing process is regarded as professional work performed by conveyancers.
‘We are hopeful that this order brings the matter to a conclusion’, says LSSA President, Mvuzo Notyesi.
He adds: ‘We would like to thank our legal team for their brilliant work, our attorneys at Maponya Attorneys, as well as Advocate Allen Liversage SC and Advocate Lerato Maite.’
The matter was first dismissed by the High Court in February 2018 and denied the applicant leave to appeal in December 2018. The applicant then filed an application with the SCA, which was dismissed in May.
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