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Case records

Ditsoane v ACWA Power Africa Holdings (Pty) Ltd

The Constitutional Court of South Africa ruled that an attorney's withdrawal of a case without the client's actual authority is not binding on the client. The court upheld the applicant's appeal, finding the attorney misunderstood the client's instructions and lacked actual, apparent, or ostensible authority to withdraw. The court set aside the Labour Court's order and ordered each party to pay its own costs.

Coverage through 2023-12-12 · Sources checked 2026-11-08

What this record covers

Historical case record based on the cited official account. Later developments may not be covered.

Position at the coverage date

Upheld [s1]

Record details

Case
CCT 107/23 [s1]
Employment
Ms Seipati Joyce Ditsoane commenced employment with ACWA Power Africa Holdings (Pty) Ltd in November 2015 and was retrenched in October 2016. [s1]
Unfair Dismissal Claim
The applicant referred an unfair dismissal dispute to the Commission for Conciliation, Mediation and Arbitration (CCMA) and, after a certificate of non-resolution was issued, to the Labour Court. [s1]
Withdrawal of Case
The applicant's attorneys, Mulima Denga Attorneys (MDA), delivered a notice withdrawing the matter without the applicant's actual authority. [s1]
Authority
The Constitutional Court held that MDA had neither actual, apparent, nor ostensible authority to withdraw the applicant's case. [s1]
Ratification
The court rejected the respondent's contention that the applicant's conduct ratified MDA's withdrawal of the case. [s1]
Estoppel
The court held that there is no merit in the respondent's invocation of apparent or ostensible authority and that it is difficult to see how the respondent was prejudiced. [s1]
Costs
The court ordered each party to pay its own costs. [s1]

The sequence

7 documented milestones. Highlighted entries mark turning points. Dates retain the precision of the source.

  1. fact

    Employment Commenced

    The applicant commenced employment with ACWA Power Africa Holdings (Pty) Ltd.

    Evidence [s1] Link to this event

  2. fact

    Retrenchment

    The applicant was retrenched.

    Evidence [s1] Link to this event

  3. fact

    CCMA Certificate

    The CCMA issued a certificate of non-resolution.

    Evidence [s1] Link to this event

  4. fact

    Labour Court Filing

    The applicant filed her statement of claim with the Labour Court.

    Evidence [s1] Link to this event

  5. ruling

    Condonation Application Postponed

    The Labour Court postponed the condonation application.

    Evidence [s1] Link to this event

  6. ruling

    Labour Court Dismissal

    The Labour Court dismissed the interlocutory application.

    Evidence [s1] Link to this event

  7. ruling · Turning point

    Constitutional Court Judgment

    The Constitutional Court handed down judgment, upholding the applicant's appeal.

    Evidence [s1] Link to this event

Sources & evidence

  1. [s1] Constitutional Court of South Africa

    Official case account

    Official court source · Accessed 2026-11-08

Follow the dated sequence of this case →

Public update history

— First sourced edition. Coverage dates apply.

— Titles and explanatory text passed the copywriting and source-consistency checks. Sources and data are unchanged.