Skip to content
Close Menu
ConvictionConviction
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch

Subscribe to Updates

Get the latest creative news from FooBar about art, design and business.

What's Hot

Why are women still missing from South African research and innovation?

August 24, 2026

Man accused of shooting love rival ordered to pay punitive legal costs

August 24, 2026

AFM ordered to restore pastor and wife to church building within 48 hours

August 24, 2026
Facebook X (Twitter) Instagram
Trending
  • Why are women still missing from South African research and innovation?
  • Man accused of shooting love rival ordered to pay punitive legal costs
  • AFM ordered to restore pastor and wife to church building within 48 hours
  • UJ director took secret payments in R18 million accommodation fraud
  • Retired sheriffs return to fill court vacancies, but are barred from handling public money
  • Community leaders gather to shape Tshwane housing and land justice together
  • Electoral Court breathes new life into UDF Party disputed name battle against IEC
  • Employer unlawfully bars customer services manager from working
Facebook X (Twitter) Instagram
ConvictionConviction
Sonneblom
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch
ConvictionConviction
Home » Attorney who blames secretary is like surgeon blaming nurse, judge says
Labour Law

Attorney who blames secretary is like surgeon blaming nurse, judge says

Labour Court warns that legal practitioners cannot outsource professional judgment and then shift responsibility when litigation goes wrong.
Kennedy MudzuliBy Kennedy MudzuliJune 18, 2026Updated:June 18, 2026No Comments
Facebook Twitter Pinterest LinkedIn WhatsApp Reddit Tumblr Email
Share
Facebook Twitter LinkedIn Pinterest Email

  • Judge Kroon compared an attorney blaming a secretary for a failed case to a surgeon blaming a nurse for removing the wrong organ.
  • The court found that legal practitioners remain responsible for supervising litigation and complying with court rules.
  • A reinstatement application was dismissed with punitive costs; aspects of the matter were referred to the Legal Practice Council.

An attorney who blames a secretary for a failed case is no different from a surgeon who hands an operation over to a nurse and then blames her when the wrong organ is removed.

That was the warning from Acting Judge PN Kroon in a strong judgment that criticised legal practitioners for trying to avoid responsibility for a collapsed review application.

“An attorney who assigns to a secretary a legal task requiring the attorney’s professional judgment, diligence, and supervision, and who, when things go wrong, shifts the blame to the secretary stands in no different position than a surgeon who gives the job of performing an appendectomy to a nurse, only to blame her when the wrong organ is taken out,” Judge Kroon stated.

“The fault lies not with the subordinate’s failure, but with the professional’s abandonment of his own untransferable duty.”

The comments came in a dispute involving Benteler South Africa, which sought to revive a review application challenging an arbitration award. The award found the dismissal of employee Chris Langbooi to be unfair and ordered his reinstatement.

The responsibility lies here

Citing former US President Harry Truman’s famous saying, “the buck stops here,” the judge noted the attorney responsible for prosecuting the review application seemed to believe that the responsibility lay elsewhere.

“For him, the buck stopped elsewhere. It stopped with a supposedly negligent secretary who, he claimed, failed to properly monitor and supervise the file,” the judgment states.

Judge Kroon explained that while legal secretaries often provide valuable help, attorneys must not delegate tasks needing their professional judgment and oversight.

“The lesson is that, while many legal secretaries are very competent and offer essential support in running a legal practice, attorneys must be careful not to pass off tasks that require their independent judgment and thought,” said the judge. 

Years of procedural failures

The court noted that Benteler’s review application was filed almost two months late and without a condonation application.

Further delays occurred when the record was not submitted within the required time periods, causing the review application to lapse.

Benteler later sought to have the matter reinstated, but the court found that even if reinstatement were allowed, the review would still face a jurisdictional issue because no condonation application had ever been submitted for the late review.

Judge Kroon deemed the omission fatal. The court also determined that Benteler had not put its “house in order” before seeking reinstatement. Important documents were missing, procedural requirements were unmet, and the case was not ready for adjudication.

Secretary made a scapegoat

Central to the application was an explanation from attorney Johan Biggs, who claimed that a secretary had failed to monitor the file correctly and had falsely informed him that the case was awaiting a hearing date. The court rejected this explanation.

Judge Kroon found that the attorney had effectively delegated responsibility for managing the litigation to support staff and then blamed a secretary when the review application failed.

The judgment examined an office system where secretaries monitored files, updated litigation diaries, and tracked the progress of review applications.

Judge Kroon stated that such arrangements could not relieve attorneys from their professional obligations.

“Delegation does not remove responsibility; nor does it justify an attempt to shift blame to a subordinate member of staff for tasks that remained, throughout, the attorney’s responsibility,” he said. 

The judge noted that attorneys must ensure litigation is progressing accurately, that court rules are followed, and that deadlines are met.

Professional oversight questioned

The judgment expressed concern that the attorney in charge of the case had little direct knowledge of the file’s contents.

Judge Kroon found that the review application suffered from a complete lack of professional oversight and deemed the explanation for the delays unreasonable.

The court pointed out that the review application had effectively been neglected for long periods. Action was only taken after contempt proceedings were initiated to enforce the arbitration award.

The judge remarked that this case highlighted the dangers of treating litigation as an administrative task instead of a professional duty that requires active supervision by attorneys.

Punitive costs and referral

Judge Kroon ultimately dismissed the application to reinstate the review.

The court ordered Benteler to pay costs at an attorney-and-client scale and stated that the company’s attorneys could not charge fees for the heads of argument filed in the matter.

The judgment also raised concerns regarding the conduct of the legal representatives and ordered those issues to be referred to the Legal Practice Council for review.

Conviction.co.za

Get your news on the go. Click here to follow the Conviction WhatsApp channel.

employment law Labour Court legal ethics Legal Practice Council legal profession
Share. Facebook Twitter Pinterest LinkedIn Tumblr Telegram Email
Kennedy Mudzuli

Multiple award-winner with passion for news and training young journalists. Founder and editor of Conviction.co.za

Related Posts

UJ director took secret payments in R18 million accommodation fraud

August 24, 2026

City of Cape Town fails to prove fleet coordinator tampered with electricity meter for R1,800

August 20, 2026

SARS auditor who did the VAT audit but missed three findings gets job back

August 19, 2026
Leave A Reply Cancel Reply

Prove your humanity: 7   +   1   =  

Subscribe to our newsletter:
Top Posts

Making sectional title rules that work: A practical guide

January 17, 2025

Protection order among the consequences of trespassing in an ‘Exclusive Use Area’

December 31, 2024

Between a rock and a foul-smelling place

November 27, 2024

Irregular levy increases, mismanagement, and legal threats in a sectional title scheme

June 2, 2025
Don't Miss
Opinion
5 Mins Read

Why are women still missing from South African research and innovation?

By Professor Grace KhunouAugust 24, 20265 Mins Read

Professor Grace Khunou argues that structural barriers in funding, mentorship and leadership continue to keep women underrepresented in South African research and innovation.

Man accused of shooting love rival ordered to pay punitive legal costs

August 24, 2026

AFM ordered to restore pastor and wife to church building within 48 hours

August 24, 2026

UJ director took secret payments in R18 million accommodation fraud

August 24, 2026
Stay In Touch
  • Facebook
  • Twitter
  • WhatsApp
Demo
About Us
About Us

Helping South Africans to navigate the legal landscape; providing accessible legal information; and giving a voice to those seeking justice.

Facebook X (Twitter) YouTube WhatsApp Twitch RSS
Latest posts

Making sectional title rules that work: A practical guide

January 17, 2025

Protection order among the consequences of trespassing in an ‘Exclusive Use Area’

December 31, 2024

Between a rock and a foul-smelling place

November 27, 2024
OUR PICKS

Eskom ordered to tackle Kusile pollution with urgent 30-day environmental action plan

August 17, 2026

Pretoria court registrar who issued fraudulent court orders struck off legal roll

August 17, 2026

SARS auditor who did the VAT audit but missed three findings gets job back

August 19, 2026
© 2026 Conviction.
  • Home
  • Law & Justice
  • Special Reports
  • Opinion
  • Ask The Expert
  • Get In Touch

Type above and press Enter to search. Press Esc to cancel.

Powered by
►
Necessary cookies enable essential site features like secure log-ins and consent preference adjustments. They do not store personal data.
None
►
Functional cookies support features like content sharing on social media, collecting feedback, and enabling third-party tools.
None
►
Analytical cookies track visitor interactions, providing insights on metrics like visitor count, bounce rate, and traffic sources.
None
►
Advertisement cookies deliver personalized ads based on your previous visits and analyze the effectiveness of ad campaigns.
None
►
Unclassified cookies are cookies that we are in the process of classifying, together with the providers of individual cookies.
None
Powered by