PWInc Mandate

I in my personal capacity and/or in my capacity as Director hereby nominate and appoint MARIUS PRINSLOO,  Director and or his nominees of PRINSLOO WRIGHT INCORPORATED with power of substitution hereinafter called “the attorney” to render the professional services to the client, which shall include the right to prosecute or defend proceedings in any competent Court and on the client’s  behalf to take all the necessary steps, to negotiate in the client’s  place and stead, to formulate claims, to bring applications or to oppose any applications, to make settlement proposals, to accept settlement proposals or to reject them, to sign any documentation, to settle any matter, to appoint counsel, to pay any accounts or to take any necessary steps in fulfilling this mandate which the client’s attorneys may deem fit in their professional discretion and in general to fulfill any goal whatsoever on the client’s behalf, and as fully as the client would have done in person itself and represented itself and I condone and give my permission to condone the client’s attorneys’ actions which they will fulfill lawfully or give permission to fulfil lawfully.

1. I confirm that:

1.1       the attorney is entitled to charge fees on the attorney and own client scale for services rendered in terms hereof and that the client undertakes and agrees to pay the attorneys’ fees as set out in this agreement;
1.2       the fees on the attorney and own client scale will be calculated on a time basis in terms of the agreed hourly tariff;
1.3       the fees in respect of time reasonably spent by the attorney will be calculated at the following hourly tariff, (VAT excluded);

       1.3.1      Directors:                            R3,222.45   
       1.3.2       Professional assistants:        R1,686.30
       1.3.3      Candidate attorneys:           R1,027.95      

1.4       the hourly tariff set out above shall automatically escalate annually on the 1^st of January of every year at a rate of 5% per annum unless specifically otherwise agreed;

• a first consultation fee on all new matters is payable in the amount of R3,222.45 (VAT excluded) prior to such consultation;
• after the first consultation the client will pay any deposit required by the attorneys on demand. The attorney will only proceed with the matter after receipt of the deposit;
• the client will be liable for the payment of the attorney’s account on demand with regard to fees and disbursements already concluded and fees and disbursements to be estimated;
• if the attorney’s account is not paid within 7 (seven) days from date thereof, interest will be calculated on the outstanding amount at the prime overdraft rate levied by First National Bank from time to time plus 5% per year;
• disbursements will have to be incurred, and that the client accepts responsibility to pay such disbursements to the attorney on demand;
• the client will personally be responsible to pay in full all disbursements incurred by the attorney in respect of the fees of service providers such as advocates, sheriffs, experts, and assessors whom the attorney will be entitled to appoint in their sole discretion when they deem it necessary, as principal with regard to such service providers;
• the tariff in terms of Rule 70 of the Unified Rules of the Supreme Court of South Africa multiplied with a factor of 2% will be payable with regard to all general items as listed in Rule 70 of the Unified Rules of Court, including the drafting and/or perusal and filing of pleadings, notices, documentation, correspondence, attendances, photocopying, preparing of briefs etc. and as far as Magistrates Court matters are concerned, with a factor of 100%;
• disbursements in respect of travelling costs by motor vehicle will be recovered at a rate of R47 (VAT excluded) per km which amount shall escalate annually on the same basis as set out in paragraph 1.4 above;
• the fee of making photostat copies will be recovered at a rate of 93 (VAT excluded) per page which amount shall also escalate annually on the same basis as set out in paragraph 1.4 above;
• all other disbursements shall be recovered on the basis of the actual amount thereof.
• The client confirms that the following shall apply in connection with the prosecution/defence of any action or application in any competent Court on behalf of the client namely:

2.1         the attorney’s fees for services rendered and disbursements incurred in connection therewith will not be based on the applicable High Court or Magistrate Court tariffs, or on the tariff applicable in any other Court, but will be higher and will be calculated on a time basis as set out herein;

2.2         that the client is aware that it is entitled to engage the services of another attorney who may levy fees in accordance with applicable tariffs, but the client elects not to do so;

2.3         it is explicitly understood that there is a difference between party and party costs on the one hand and attorney and own client costs on the other.  It is understood that party and party costs are those, which, if the client is successful, it will be entitled to recover from the other party, and if the client is unsuccessful, the client may be responsible to pay to the successful party, whilst attorney and own client costs, are those set out in paragraph 1 hereof, which the client has to pay to it’s attorney irrespective of whether it is successful or not, and irrespective of whether it is able to recover party and party costs from another party;

2.4         the client is aware of the risks attached to litigation;

2.5         the attorneys will be entitled to debit fees on a weekly or monthly basis with regard to work already done by them.

• The client understands that:

3.1         the attorney is entitled to render interim accounts in respect of fees and disbursements and that at the conclusion of the matter they will render me a full account;

3.2         all disbursements reflected in the account will, so far as possible, be accompanied by supporting documentation, and that in respect of fees, the attorney will set out a short cryptic description of the work done by him together with the total hours spent in the execution thereof;

3.3         should the client require the attorney to furnish it with a detailed specified account in respect of services rendered by him, and in the event of the total of such detailed specified account being higher than the total account as set out in paragraph 3.2 above, the client accepts responsibility to:

• pay such higher amount;
• pay the costs including the preparation and drafting of such specified detailed account, which may include the costs of a costs consultant;

3.4         if the client does not object in writing to the account, or request a specified detailed account, within 7 (seven) days of receipt of the account from the attorney, the client will be deemed to have waived any right which it may have in respect thereof and that the client will also then be deemed to have accepted the attorney’s account as fair and reasonable.

4. The client agrees to pay interest to the attorney at the prime overdraft rate levied by First National Bank from time to time plus 5% on any fees and disbursements from the date on which the same become payable until date of payment.
5. The client confirms that it is aware that the attorney may withdraw as the client’s attorney for good cause, or in the event of the client failing to pay any requested deposit, fees or disbursements in terms of this agreement. In this event the attorney shall be entitled to retain all documentation in his possession, whether prepared by him or not, until the full amount outstanding in respect of fees and disbursements together with interest is paid.
6. The client reserves to itself the right to withdraw from this undertaking and to terminate the mandate given in terms hereof by giving the attorney written notice of such withdrawal and termination within 7 (seven) days from signature hereof.
7. The client accepts that the attorney, in the event of such withdrawal, will be entitled to payment of the fees and disbursements incurred by them in respect of the services reasonably rendered during the period prior to the withdrawal of his mandate, which fees and disbursements shall be levied on the attorney and own client basis as set out herein.
8. The client confirms that should the client not be able to pay any such fees or disbursements, the attorneys shall be entitled to retain the documents referred to in paragraph 5 above until such fees and disbursements have been paid.
9. The client confirms that the attorney shall, from time to time, and in his discretion be entitled to require me to pay a deposit to cover his fees and/or disbursements and that such deposit shall be payable on demand.
10. The client hereby authorises the attorney to receive any monies which may be payable to the client, and to recover any fees and disbursements owing by the client, before any balance is paid out to the client.
11. The client accepts that the attorney will furnish it with regular reports relating to progress made by him in the execution of his mandate in terms hereof.
12. I the undersigned in my capacity as director/member or Trustee of the client hereby bind myself as surety and co-principal debtor in solidum with the client to PRINSLOO WRIGHT INCORPORATED. for the payment of all fees and disbursements which may be incurred from time to time by the client and/or myself to PRINSLOO WRIGHT INCORPORATED. in their execution of this mandate.
13. Any amendments hereto or any additional agreements hereto must be reduced to writing and signed by myself and a Director of PRINSLOO WRIGHT INCORPORATED.