Litigants bear the brunt of case postponements
Mpho Mokwape | Wednesday February 5, 2020 17:07
LSB chairperson, Diba Diba said in his delivery at the Legal year opening yesterday that the postponements and delays in the commencement of proceedings lead to an increase in the cost of litigation and ultimate delay in conclusion of matters.
“In both instances it is the client who bears the brunt of this through increase in cost of litigation,” Diba said.
Diba added it was even worrying because most times postponement happens last minute without even proffering a reason.
He explained that in some instances it happens when the legal practitioners involved are already in court and at times some judicial officers go even further by commencing proceedings long after the time set causing long periods at court by legal practitioners subsequently increasing legal fees, which the client happens to be the one paying.
Still on litigation, Diba said the arrival of legal practitioners in court or failing to attend scheduled court appearance without satisfactory explanation was disrespectful to the court.
“It has become apparent that some legal practitioners fail to attend court as scheduled or arrive late without explanation. Obviously, this is disrespectful and costly to the client, to the other party and to the court,” he said.
On the critique of judgements by the public, Diba pointed out that the sole strength of the judiciary relied in public confidence and trust and that no one expects the court to be infallible.
He advised that the courts must be open and ready to accept that in the age of technology court proceedings and judgements, especially in public interest, will be subjected to scrutiny.
“Laymen will enter the debate and evaluate the outcome of cases influenced by their emotions and interests rather than legal principle. This is to be expected in an open society and a democracy. We can only urge for decorum and honesty in criticism of the courts,” he said.