Notshe Attorneys v The State Attorney, Mthatha and Others

Notshe Attorneys instituted proceedings against the State Attorney, Mthatha and the Minister of Justice and Correctional Services for payment of fees allegedly due for legal services rendered after the outsourcing of matters to private attorneys. The Minister of Police and the National Director of Public Prosecutions were joined as third parties. On 17 October 2024, the High Court granted relief in favour of Notshe Attorneys. Thereafter, the State Attorney and the Minister of Justice applied for leave to appeal that judgment, contending inter alia that there was no proof of services rendered or acknowledgment of debt. Separately, the Minister of Police sought leave to appeal against findings relating to joinder, indemnification, outsourcing powers of the State Attorney, and the dismissal of its review application. Notshe Attorneys, in turn, brought an application under section 18(3) of the Superior Courts Act 10 of 2013 seeking execution of the October 2024 order pending appeal.

Leave to appeal to the Full Court was granted to the State Attorney, Mthatha and the Minister of Justice and Correctional Services, with costs to be costs in the appeal. The Minister of Police’s application for leave to appeal to the Supreme Court of Appeal was dismissed with costs. The section 18(3) application by Notshe Attorneys for execution of the October 2024 order pending appeal was dismissed with costs.

The judgment clarifies the application of sections 17 and 18 of the Superior Courts Act in the context of inter-governmental disputes and claims by private attorneys against the State. It reaffirms the stringent threshold for leave to appeal and for execution pending appeal, and confirms that prospects of success on appeal remain relevant in section 18(3) applications.