(1) | Subject to subrule (2), a legal representative need not file a power of attorney to act on behalf of a party. |
(2) | Any party that disputes the authority of a person acting on behalf of any party may deliver a notice— |
(a) | within ten days after it has come to his or her notice that such person is so acting; or |
(b) | with the leave of the Court on good cause shown at any other time, |
calling on that person to prove his or her authority.
(3) | That person must, within twenty days of receipt of that notice, deliver— |
(a) | a power of attorney signed by or on behalf of the party giving it and otherwise duly executed according to law; and |
(b) | when a power of attorney is signed on behalf of a party giving it, documentary or other proof that the signatory is authorised to sign on behalf of that party, |
failing which he or she may no longer act until the documents referred to in paragraphs (a) and (b) are delivered.
(4) | The Court may, on application, declare that a person purporting to act on behalf of a party has not established his or her authority so to act, in which event that person may no longer act until he or she has established his or her authority to the satisfaction of the Court. |
(5) | No power of attorney or authority need be filed by the state attorney (including any deputy state attorney or any professional assistant to the state attorney) or any attorney instructed in writing by him or her in any matter in which he or she acts in terms of the State Attorney Act, 1957 (Act No 56 of 1957), or in terms of any similar law in force in the Republic or any part thereof. |