Attorneys Act, 1979 (Act No. 53 of 1979)Chapter IV : General79A. Recovery of costs by law clinics |
| (1) | Notwithstanding the provisions of section 83(6) of this Act and section 9(2) of the Admission of Advocates Act, 1964 (Act No. 74 of 1964), whenever in any legal proceedings or any dispute in respect of which legal services are rendered to a litigant or other person by a law clinic, costs become payable to such litigant or other person in terms of a judgment of the court or a settlement, or otherwise, it shall be deemed that such litigant or other person has ceded his or her rights to such costs to the law clinic. |
| (2) |
| (a) | A litigant or person referred to in subsection (1) or the law clinic rendering legal services to such litigant or person may, at any time before payment of the costs referred to in subsection (1), give notice in writing to— |
| (i) | the person liable for such costs; and |
| (ii) | the registrar or clerk of the court concerned, |
that the legal services concerned are being or have been rendered by that law clinic.
| (b) | Where notice has been given as contemplated in paragraph (a), the law clinic concerned may proceed in its own name to have such costs taxed, where appropriate, and to recover them, without being substituted on the record of the legal proceedings concerned, if any, for the litigant or person referred to in subsection (1). |
| (3) | The costs referred to in subsection (1) shall be calculated and the bill of costs concerned, if any, shall be taxed as if the litigant or person to whom legal services were rendered by the law clinic, actually incurred the costs of obtaining the services of the attorney or advocate acting on his or her behalf in the proceedings or dispute concerned. |
[Section 79A inserted by section 20 of Act No. 62 of 2000]