MANDATE AND FEE AGREEMENT

I, the undersigned,
(Please attach copy of ID)
Full Name:

ID No:

Residential Address:

Postal Address:

E-mail Address:

Employer name and Physical Address:

Home Tel. No: Work Tel. No:

Cell No:

Do in my personal capacity in all and any matters, hereby nominate and appoint the
directors/partners and their nominees of the attorneys’ firm

COENRAAD KUKKUK ATTORNEYS

(hereinafter named “the Attorney”)
With power of substitution to render professional legal services to me, which shall
include the right to prosecute or defend proceedings in any competent court and on my
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behalf take all the necessary steps in connection with all my matters or instructions by
me, albeit for me personally or a registered company or a close corporation or a trust, so
instructed already or to be instructed.

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 of hereof and that I undertake and
agree to pay the Attorney Fees as set out in this Agreement.
1.2. The fees on an Attorney and own Client scale will be calculated on a time
basis in terms of an agreed hourly tariff and/or per service rendered as
per the schedule attached.
1.3. The Fees in respect of the time reasonably spent by the Attorney will be
calculated at an hourly tariff, which is at present R930.00 per hour for the
first hour of the first consultation, and R1425.00 per hour thereafter and
including time spent not allocated to individual items. The first
consultation may also be done via e-mail or phone for the same fee.
1.4. All the amounts mentioned in this agreement will escalate at 10%
annually (rounded off) after the end of the financial year being 28
February and it is not necessary to enter into a new agreement to give
effect to the increase.
1.5. All other fees are to be calculated as per Annexure “A” hereto.
2. I confirm that:
2.1 Disbursements such as sheriff fees, stamps, correspondent fees, advocates, cost
consultants, tracers, data tracers, credit bureaus, parking, travel costs, couriers,
overnight accommodation or others will reasonably have to be incurred, and that
I accept responsibility to pay such disbursements to the Attorney on demand.
2.2 The attorney has given me an estimate of the fees which will be charged in terms
of the Legal Practice Act 28 of 2014 and that I have budgeted accordingly.
2.3 the Attorney in respect of the fees of service providers such as Advocates,
experts and assessors who the Attorney will be entitled to appoint in his sole
discretion when he deems it necessary, as principal vis-à-vis such service
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 2.4 Disbursements in respect of traveling costs by motor vehicle will be recovered at
the rate of R 7.20 per kilometer, which amount shall escalate annually on the
same basis as is set out in paragraph 1.4 above.
2.5 Further - the cost of making Photostatic copies or printing will be recovered at the
rate of R3.20 per page which amount shall also escalate annually on the same
basis as is set out in paragraph 1.4 above. Faxes sent and received will be
charged at a minimum of R15.00 per page over and above the drafting or perusal
thereof. SMSs sent or received will be charged at R16.00 per SMS.
Correspondence by email sent or received less than 25 words will be charged at
R55.00 per e-mail, but excluding “read reports”, mere acknowledgements, “thank
you” or confirmations for which there is no charge.
2.6 E-mails longer than 25 words will be charged as normal correspondence sent or
received at R85.00 per 100 words or one legal folio or part thereof for
Magistrate’s Court and R105.00 for High Court matters; and for each attendance.
2.7 Telephone calls in Magistrate’s Court made or received and matters not in any
Court are charged at R85.00 per 5 minutes; in High Court matters calls are
charged at R105.00 per 15 minutes made or received by a candidate attorney
and R265.00 per 15 minutes by an admitted attorney. One folio is equal to 100
words in all perusing and drawing fees.
2.8 All other disbursements shall be recovered on the basis of the actual amount
thereof.

3. I confirm that the following shall apply in connection with the prosecution/defense
of my action in any competent court, namely that:

3.1 The Attorneys’ fees for services rendered and disbursements incurred in
connection therewith will not be based on the applicable High, Regional
or Magistrate’s Court tariffs, or on the tariff applicable in any other court,
but will be higher and will be calculated on another basis as set out
herein. (Regional Court tariffs are the same as High Court).

3.2 That I am aware that I am entitled to engage the services of another

attorney who may levy fees in accordance with applicable tariffs, but I
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 3.3 That I understand that there is a difference between party and party costs
on the one hand and Attorney and Client costs on the other. I understand
that party and party costs are those, which, if I am successful, I will be
entitled to recover from the other party, and if I am unsuccessful, I may be
responsible to pay to the successful party, whilst Attorney and Client
costs, are those as set out in paragraph 1 and 2 above, and Annexure
“A” attached hereto, which I will have to pay to the Attorney irrespective of
whether I am successful or not, and irrespective of whether I am able to
recover party and party costs from any other party.

4. I understand that:

4.1 The Attorney is entitled to render me interim accounts monthly or during

any other term in respect of Fees and Disbursements and that at the
conclusion of the matter he will render me a final account.

4.2 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 units of the work done by him together with the
total of hours spent in the execution thereof.

4.3 Should I require the Attorney to furnish me 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 of the
account as set out in paragraph 4.2 above, I accept responsibility to:
4.3.1 Pay such higher amount; and
4.3.2 Pay the costs incurred in the preparation and drafting of such
specified detailed amount, which may include the costs of a cost
consultant.
4.4 If I do not object in writing to the account, or request a specified detailed
account, within 5 (five) days of receipt of the account from the Attorney, I
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 will be deemed to have waived any right which I may have in respect thereof and
that I will also then be deemed to have accepted the Attorney’s account as fair
and reasonable.

5. I further agree:

5.1 I confirm that I am aware that the Attorney may withdraw as my Attorney
for good cause, or in the event of my failing to pay any fees or
disbursements in terms of this Agreement. In this event the Attorney shall
be entitled to retain the client’s file and all documentation in his
possession, whether prepared by him or not until the full amount
outstanding in respect of fees and disbursements is paid in all files,
matters or accounts where I have given instructions, whether on behalf of
another person of for me personally.

5.2 I reserve 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 date of
signature hereof.

5.3 I accept that the Attorney, in the event of such withdrawal, will be entitled
to payment of the Fees and Disbursements incurred by him in respect of
services reasonably rendered during the period prior to the withdrawal of
this mandate, which fees and disbursements shall be levied on the
Attorney and own Client basis set out herein.

5.4 I confirm that should I not be able to pay any such fees and
disbursements, the Attorneys shall be entitled to retain the documents
and file referred to in paragraph 5.1 above until such fees and
disbursements have been paid, charge interest of 24% per annum on all
outstanding amounts and institute legal action for recovery and claim
legal costs on the attorney and client scale in the collection thereof.
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 5.5 I confirm that the Attorney, shall from time to time, and in his discretion,
be entitled to require me to pay a retainer or deposit to cover his fees
and/or disbursements and that such deposit shall be payable on demand.

5.6 I hereby authorise the Attorney to receive any monies which may be
payable to me, and to recover there from any fees and disbursements
owing by me in any matter, before any balance is paid out to me and to
set off any amounts owed by me in any other file or account.

5.7 I accept that the Attorney will furnish me with regular reports as the matter
requires or if the matter is urgent, and agreed between the attorney and
client as to being urgent – in writing – then weekly reports relating to the
progress made by him in the execution of his mandate in terms hereof.

6. I agree that this is the whole and only agreement between the parties and
any amendments hereto or any additional agreements hereto must be
reduced to writing and signed by both parties except where it is agreed in
writing in electronic format such as e-mail.

7. I choose my domicilium citandi et executandi, meaning the address where I

will receive service or notification of any documents at the addresses as set
out in the preamble of this agreement on page 1, including acceptance of
service by fax or e-mail.

8. I acknowledge that pursuant the Financial Intelligence Centre Act (Act32 of

2001) (the FICA Act) the instructed attorneys are obliged to request from me
a copy of my South-African Identity Document or Card as well as any official
document confirming my proof of residence such as a water and electricity bill
from my local municipality.

9. I accept the format in Annexure “A” hereunder as the format in which

accounting and statements are to be done to me from time to time.
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ANNEXURE A

PROCEDURE: (100 words = 1 folio) AMOUNT: UNIT: FEE:

Taking instructions: Mag. Court From
Sliding Scale: R170 for: Claims < 170.00
R1500; R330: R1500-R5000; R500:
R5000-10000; R650: > R10 000).
Taking instructions: High Court: 1060.00
Taking Judgment Mag Court 500.00
Taking Judgment High Court 900.00
Warrant for Execution 310.00
Warrant for Eviction 340.00
Sale in Execution (all in) 1120.00
Re-issue of Warrant for Execution or 245.00
Summons
Section 65 proceedings 680.00
Section 65(A)(2) judgment letter 170.00
Emolument Attachment Order 310.00
Eviction Warrant 340.00
Perusal of documents per folio 100w
Mag. Court 85.00
High Court 105.00
Acknowledgement of debt - draft 495.00
Affidavit and income & expenditure 245.00
Brief advocate 450.00
Applications (Eviction; Summary 245.00
Judgment etc.) per folio
Collection commission (10% of 10%
every amount collected(max.R1000)
Drafting general per folio
Mag Court 245.00
High Court 265.00
TARIFFS:
Time spent by Attorney, consultation 1425.00
or other, per hour (R930.00 initial
hour).
Time spent by Junior Attorney, 1060.00
consultation or other, per hour.
Telephone calls made and received
per 5 min. or part thereof
Mag. Court & all excl. High Court 85.00
High Court - by candidate attorney 105.00
High Court – by attorney 265.00
Drafting/receiving letters per folio >
more than 25 words (per 100 words)
Mag. Court & all excl. High Court 85.00
High Court 105.00
Demand 230.00
Copies made 3.20 Initial

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Fax per page sent/received 15.00
Correspondence sent and received 55.00
by e-mail less than 25 words excl.
“read” reports, confirm, “thank you”,
or billed already
SMS 16.00
Attendances Mag. Court general 85.00
Attendances High Court general 105.00
Waiting time per hour or part thereof 740.00
Traveling per km 7.20
Ante-nuptial Contract 2500.00
Consultation debtor – 10 min. or part 170.00
thereof
Calculation of balance 85.00
Instruct tracer all inclusive 170.00
Instruct correspondent all inclusive 340.00
Instruct cost consultant 280.00
Courier – send & receive 295.00
Serve & file documents High Court 210.00
Serve & file documents Mag Court 170.00
Attend at High Court - enquiries 395.00
Attend at Mag. Court - enquiries 220.00
Firearms license motivation 550.00
Attend at Adv./ Client or Sheriff or
any other party 220.00
SUB TOTAL FEES xxxx.xx
EXPENSES: AMOUNT:
As per account
received by
service
provider
Postage Reg: 22.90 Post: 3.30 Standard rates
Sheriff fees As per account
Advocates As per account
Correspondent’s fees As per account
Tracers As per account
Other As per account
SUB TOTAL EXPENSES xxxxx.xx
TOTAL DUE XXXXX.XX

THUS DONE and SIGNED at on this the day of

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ATTORNEY/NOMINEE
CLIENT
(sign in full)