- A Full Bench appeal involving Sportscene Mthatha was postponed because the court record was incomplete and poorly prepared.
- The attorneys acting for the retailer were ordered to personally pay wasted legal costs.
- The court found that legal representatives failed in their duties to both the court and their client.
A Full Bench appeal involving Sportscene Mthatha was postponed after judges found that critical parts of the court record were missing or improperly prepared, making it impossible for the matter to be fairly heard.
The case arose from a claim by Nondumiso Myataza, who alleged that she slipped on a wet mat at the entrance of a Sportscene store and suffered injuries. After a lower court ruled in her favour, Sportscene appealed the decision.
However, when the appeal came before the High Court in Mthatha, judges discovered serious problems with the appeal record. Important photographs that had featured prominently during the trial were either unclear or unmarked, making it difficult to understand witness testimony. The record also contained incorrect page references and other administrative errors.
Problems with the record
Judge MJ Lowe, with Judge MS Jolwana and Judge P Zilwa concurring, said the appeal could not properly proceed because the judges were unable to fully assess the evidence.
The court found that the defects should have been identified and corrected long before the hearing. Instead, attempts were made to provide the correct photographs only on the day the appeal was due to be argued.
Judge Lowe criticised the legal team for allowing the matter to reach the hearing stage despite obvious shortcomings in the record.
He said three judges had spent significant time preparing for a matter that was not ready to be heard.
Attorney explains circumstances
The attorney responsible for the record explained that she had been dealing with her mother's serious illness and eventual death during the relevant period.
While the court expressed sympathy for her personal circumstances, it found that this did not fully explain why no colleague was asked to assist or why the problems were not brought to the court's attention sooner.
The judge also noted that the client was not responsible for the errors and should not have to bear the financial consequences.
Personal costs order
The court ordered the appellant's attorneys to pay the wasted costs of the postponed appeal from their own pockets.
Counsel acting for Sportscene was also penalised through a reduction of recoverable fees after the court found that concerns about the record should have been raised earlier.
The court further reduced certain fees claimed by the respondent's legal team, finding that they too should have identified and highlighted the deficiencies in the record.
Judge Lowe concluded that the matter required a strong response because the failures had wasted court time, delayed the appeal process and unfairly affected the administration of justice.
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