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33 S. African L.J. 427 (1916)
Digest of Cases

handle is hein.journals/soaf33 and id is 447 raw text is: DIGEST OF CASES.-APPELLATE DIVISION. 427 DIGEST OF CASES. SUPREME COURT OF SOUTH AFRICA. APPELLATE DIVISION. Appeal.-Special leave.-Natal Native High Court.-South Africa Act, sec. 11O.-Act 1 of 1911, sec. 1.-Sentence.-Appeol froin.-An ap- plication made under sec. 1 of Act 1 of 1911 for special leave to appeal against a judgment or order of the full Native High Court of Natal can be entertained by a Court consisting of the Chief Justice and two ordinary Judges of Appeal. The provisions of sec. 110 of the South Africa Act that on the hearing of an appeal from a Court consist- ing of two or more Judges, five Judges of the Appellate Division shall form a quorum do not apply to an appeal from the full Native High Court of Natal, but such an appeal can, under Act 1 of 1911, be heard by three Judges of the Appellate Division. Assuming that the Appel- late Division has power under Act 1 of 1911 to reduce on appeal a sentence duly passed by the full Native High Court of Appeal, such power will only be exercised in exceptional cases where the interests of justice require it. The decision of the Natal Native High Court in Rex v. Mdhlongwe and Others confirmed. (June 7.) Rex v. Mdhlongwe and Others. Appeal.-Special leave.-Upon an application for special leave against a decision of three Judges of a Provincial Division given on appeal from an order as to costs made by a resident magistrate upon the hearing of an appeal made to him under sec. 90 of the Transvaal Provincial Ordinance 9 of 1912, it appeared that the question raised was whether the magistrate, in making the order, had acted in an administrative or in a judicial capacity. Held, that this question was of sufficient importance to justify the granting of special leave to appeal. (June 17.) Vereeniging Municipality v. Essop. Costs.-Taxation.-Appeal cse.-Natal practitioner.- Sooth Africa Act, sec. 115.-The only consultations for which, in appeal cases, fees can be charged by counsel are those which take place at the instance of the attorney and with him or his client. A legal practitioner en- titled by the local law of Natal to practise both as an advocate and attorney is entitled under sec. 115 of the South Africa Act to practice. and to charge fees in both capacities in the Appellate Division. On taxation of a party and party bill of costs in respect of an appeal case heard in the Appellate Division drawn by a firm of attorneys in Natal, one of whose partners was senior counsel on appeal, the Taxing Officer disallowed a fee to senior counsel on consultation and reduced

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