Proxi Smart Services Pty Ltd v LSSA et al
Proxi Smart has approached the ConCourt for leave to appeal the judgement by the High Court and the subsequent dismissal of its application for leave to appeal by the Supreme court of Appeal (SCA).
The SCA dismissed the application for leave to appeal in the matter of Proxi Smart Services (Pty) Limited vs the Law Society of South Africa and Others on 7 May 2019 on the basis that there is no reasonable prospect of success in an appeal and there is no other compelling reason why an appeal should be heard.
Heads of argument can be downlaoded below.
Proxi Smart Services (Pty) Limited (Proxi Smart) has proposed a business model to render certain conveyancing-related services which are presently performed by conveyancers – who are regulated by the statutory, provincial law societies.
The view of the Law Society of South Africa (LSSA) and the provincial law societies, is that the proposal by Proxi Smart cannot be supported as the full conveyancing process is regarded as professional work, and should remain so in the interest of the public.
The Law Society of South Africa filed its answering affidavit on 7 June 2017.
The matter was heard in the High Court: Gauteng on 6 and 7 February 2018.
Judgment was delivered on 16 May 2018 at the High Court: Gauteng. The court held that the applicant has not made out a case for the relief it sought and dismissed the application with cost. The Application for Leave to Appeal was heard on 11 December 2018 and was dismissed with costs.
Court documents by the parties are below.
|Proxi Smart Leave to Appeal Heads of Argument dated 3 December 2018||Download Proxi Smart’s Heads of Argument [325KB]|
|Legal Practitioners’ Fidelity Fund Leave to Appeal Heads of Argument (December 2018)||Download the Legal Practitioners’ Fidelity Fund Heads of Argument [92KB]|
|Proxi Smart Judgment 16 May 2018||Download the Proxi Smart Judgment [1.94MB]|
|LSSA Heads of Argument 11 January 2018||Download First Respondent’s Heads of Argument [773KB]|
|Proxi Smart Heads of Argument 14 November 2017||Download Applicant’s Heads of Argument [645KB]|
|Proxi Smart Responding Affidavit 23 August 2017||Download Affidavit Part 1 [3MB]
Download Affidavit Part 2 [3MB]
Download Proxi Smart Annexures Part 1 [3MB]
Download Proxi Smart Annexures Part 2 [3MB]
Download Proxi Smart Annexures Part 3 [4MB]
|Law Society of South Africa Answering Affidavit 7 June 2017||Download affidavit [4.54MB]
LSSA Annexures A1 to A6 [749KB]
LSSA Annexure A7 [2.3MB]
LSSA Annexures 8 to 17 [2.4MB]
LSSA Annexures 18 to 20 [1.8MB]
LSSA Annexure 21 [2.5MB]
|Department of Justice and Correctional Services Affidavit 9 June 2017||Download affidavit [1.2MB]|
|Attorneys Fidelity Fund Answering Answering Affidavit 6 June 2017||Download affidavit [1MB]|
|Cape Law Society Answering Affidavit Affidavit 7 June 2017
Cape Law Society Annexures
Cape Law Society Confirmatory Affidavit
|Download affidavit [4.4MB]
CLS Annexures [3MB]
CLS Confirmatory Affidavit [263KB]
|Law Society of the Northern Provinces Affidavit 7 July 2017||Download affidavit [2MB]|
|Proxi Smart Services PTY LTD v the Law Society of South Africa, the Chief Registrar
of Deeds, Roger Dixon, Minister of Justice & Constitutional Development,
Attorneys Fidelity Fund Notice of Motion, 19 September 2016
Proxi Smart Supplementary Affidavit, 1 June 2017
|Download Notice of Motion [3.7MB]
Supplementary affidavit [219KB]