The one month notice period was examined and applied in a 1976 case in which the court dismissed the lawyers’ action for reimbursement of their legal fees. The court found that the attorneys failed to meet the statutory one month deadline before suing the clients.
Interestingly, since the 1992 Constitution came into force, the courts have continued to determine that one month’s statutory notice is a necessary condition for any lawyer to bring legal action for reimbursement of legal fees. If an attorney fails to give a client the required termination, any action taken by the attorney to reimburse attorney fees will be null and void.
The constitutional and legal regulations that have abandoned the reporting requirement.
The constitution provides that all persons are equal before the law. So, for example, the Constitution has abolished the requirement that a person must obtain the Attorney General’s Fiat before suing the Republic. The constitution provides that if a person has a claim against the government, that claim may be enforced by law through proceedings brought against the government for that purpose without the issuance of a fiat or the use of what is known as an appeal. Therefore, if a person has a claim against the government, that claim can be brought forward by law through a process brought against the government for that purpose. This principle and its historical background have been explained in detail in a recent case.