A W F Middelberg v Die Prokureursorde van Transvaal

The Prokureursorde van Transvaal applied in July 1997 to the Transvaal Provincial Division, by way of motion proceedings, for the striking off of the appellant, a practising attorney, from the roll of attorneys, together with ancillary relief. After protracted proceedings, the High Court struck the appellant from the roll on 5 October 1998 and granted the additional relief sought. The appellant filed a notice of appeal on 19 October 1998 but did not apply for or obtain leave to appeal. The matter came before the Supreme Court of Appeal limited initially to the question whether, in the absence of leave to appeal, the SCA had jurisdiction to hear the appeal.

The appeal was struck from the roll for want of jurisdiction. The appellant was ordered to pay the respondent’s costs.

This judgment authoritatively confirms that applications to strike attorneys from the roll are civil proceedings for purposes of appellate jurisdiction under the Supreme Court Act. It entrenches the principle that leave to appeal is a strict jurisdictional requirement in civil matters before the Supreme Court of Appeal, even where proceedings are disciplinary and sui generis. The case promotes consistency and finality in appellate procedure and limits unmeritorious appeals.