BJ Smit Trust and 274 Others v Mutsei and Others (LCC 171/2008C; LCC 171/2008D) [2021] ZALCC 34 (12 May 2021)

BJ Smit Trust and 274 Others v Mutsei and Others (LCC 171/2008C; LCC 171/2008D) [2021] ZALCC 34 (12 May 2021)

The court found that the respondents' persistent failure to comply with court directives and practice directions, coupled with their lack of communication despite repeated demands, left the applicants with no choice but to approach the court. The delays prejudiced both claimant communities and landowners, undermining the objectives of land restitution. The respondents' conduct justified a punitive costs order on the attorney and client scale for the first application up to the date of compliance, with costs thereafter on the party and party scale. For the second application, costs were awarded on the attorney and client scale, but limited to junior counsel rates due to the straightforward...

Citation
[2021] ZALCC 34
Parties
Applicant: BJ Smit Trust and 274 Others; Respondent: Mutsei, Phatuwani Collins; Respondent: Minister of Rural Development and Land Reform; Respondent: Regional Land Claims Commissioner Gauteng and North West Province; Plaintiff: Mekgareng Community; Plaintiff: Frans Botinyana Makuwe
Court
Land Claims Court
Jurisdiction
South Africa
Judgment Date
12 May 2021
Case Number
LCC 171/2008C; LCC 171/2008D
Procedural Posture
Cost Application / Post Interlocutory Applications for Costs Following Non Compliance With Court Directives and Practice Directions.
Outcome
Costs awarded against the second and third respondents on the attorney and client scale for the first application up to 11 April 2019, with subsequent costs on the party and party scale. For the second application, costs awarded on the attorney and client scale, limited to junior counsel rates, with no costs...
Judges
B Spilg
Legal Topics
Restitution of Land Rights Act, Punitive Costs Orders, Court Directives Non Compliance, Practice Direction 8, Attorney and Client Costs, State Liability for Costs
Land and Property Civil Procedure Administrative Law Restitution of Land Rights Act Punitive Costs Orders Court Directives Non Compliance Practice Direction 8 Attorney and Client Costs +1 more

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Parties

BJ Smit Trust and 274 Others

Applicant

Mutsei, Phatuwani Collins

Respondent

Minister of Rural Development and Land Reform

Respondent

Regional Land Claims Commissioner Gauteng and North West Province

Respondent

Mekgareng Community

Plaintiff

Frans Botinyana Makuwe

Plaintiff

Procedural Posture

Cost Application / Post Interlocutory Applications for Costs Following Non Compliance With Court Directives and Practice Directions.

Legal Issues

  1. 1 Whether the respondents should be held liable for costs due to failure to comply with court directives and practice directions.
  2. 2 Whether costs should be awarded on the attorney and client scale or party and party scale.
  3. 3 Whether the conduct of the State Attorney and RLCC justifies a punitive costs order.

Ratio Decidendi

The court found that the respondents' persistent failure to comply with court directives and practice directions, coupled with their lack of communication despite repeated demands, left the applicants with no choice but to approach the court. The delays prejudiced both claimant communities and landowners, undermining the objectives of land restitution. The respondents' conduct justified a punitive costs order on the attorney and client scale for the first application up to the date of compliance, with costs thereafter on the party and party scale. For the second application, costs were awarded on the attorney and client scale, but limited to junior counsel rates due to the straightforward...

Court Disposition

Costs awarded against the second and third respondents on the attorney and client scale for the first application up to 11 April 2019, with subsequent costs on the party and party scale. For the second application, costs awarded on the attorney and client scale, limited to junior counsel rates, with no costs...

Orders

  • The second and third respondents are jointly and severally liable to pay the applicants opposed costs on the attorney and client scale up to 11 April 2019, except that the costs of the hearings of 13 October 2017 and 25 March 2019 shall be on the unopposed scale.
  • The second and third respondents are jointly and severally liable to pay the applicants opposed costs on the ordinary party and party scale from 12 April 2019, including the costs of the hearings of 30 November 2020 and 20 April 2021.