Bongo Safaris (Pty) Ltd and Others v Minister of Rural Development and Land Reform and Others (LCC 250/2009) [2010] ZALCC 11 (5 May 2010)

Bongo Safaris (Pty) Ltd and Others v Minister of Rural Development and Land Reform and Others (LCC 250/2009) [2010] ZALCC 11 (5 May 2010)

The court found that the applicants were justified in approaching the court due to the respondents' default and lack of communication regarding payment under the sale agreement. While the respondents had complied with the substantive relief sought, their failure to respond to correspondence and delay in payment necessitated the application. The court held that the applicants were entitled to a costs order, but there was no evidence of malicious or vexatious conduct by the respondents to justify a punitive attorney-client costs order. Accordingly, costs were awarded on the ordinary scale, not on a punitive basis.

Citation
[2010] ZALCC 11
Parties
Applicant: Bongo Safaris (Pty) Ltd; Applicant: Thabana Safaris (Pty) Ltd; Applicant: Engelzakis & Swart Farms Pty Ltd; Respondent: Minister of Rural Development and Land Reform; Respondent: Director-General of the Department of Rural Development and Land Reform; Respondent: Chief Land Claims Commissioner; Respondent: Regional Land Claims Commissioner: Gauteng & North West Province; Respondent: Deputy Director: Finance, Department of Rural Development and Land Reform; Respondent: Minister of Finance; Respondent: Registrar of Deeds, Pretoria; Respondent: Tshwane Communal Property Association (CPA/07/1050A)
Court
Land Claims Court
Jurisdiction
South Africa
Judgment Date
5 May 2010
Case Number
LCC250/2009
Procedural Posture
Civil Application / Final Determination of Costs Following Settlement of Substantive Relief
Outcome
Application for costs granted in favour of the applicants; costs awarded on the ordinary scale, not on an attorney-client basis.
Judges
SC Mia
Legal Topics
Sale Agreement Enforcement, Costs Award, State Liability, Land Claims Settlement
Land and Property Civil Procedure Sale Agreement Enforcement Costs Award State Liability Land Claims Settlement

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Bongo Safaris (Pty) Ltd

Applicant

Thabana Safaris (Pty) Ltd

Applicant

Engelzakis & Swart Farms Pty Ltd

Applicant

Minister of Rural Development and Land Reform

Respondent

Director-General of the Department of Rural Development and Land Reform

Respondent

Chief Land Claims Commissioner

Respondent

Regional Land Claims Commissioner: Gauteng & North West Province

Respondent

Deputy Director: Finance, Department of Rural Development and Land Reform

Respondent

Minister of Finance

Respondent

Registrar of Deeds, Pretoria

Respondent

Tshwane Communal Property Association (CPA/07/1050A)

Respondent

Procedural Posture

Civil Application / Final Determination of Costs Following Settlement of Substantive Relief

Legal Issues

  1. 1 Whether the applicants are entitled to a costs order following settlement of the substantive relief.
  2. 2 Whether costs should be awarded on an attorney-client scale against the respondents.
  3. 3 Whether the respondents' conduct justified a punitive costs order.

Ratio Decidendi

The court found that the applicants were justified in approaching the court due to the respondents' default and lack of communication regarding payment under the sale agreement. While the respondents had complied with the substantive relief sought, their failure to respond to correspondence and delay in payment necessitated the application. The court held that the applicants were entitled to a costs order, but there was no evidence of malicious or vexatious conduct by the respondents to justify a punitive attorney-client costs order. Accordingly, costs were awarded on the ordinary scale, not on a punitive basis.

Court Disposition

Application for costs granted in favour of the applicants; costs awarded on the ordinary scale, not on an attorney-client basis.

Orders

  • The respondents are ordered to pay the applicants' costs of the application on the ordinary scale.
  • Prayers 1 to 5 of the notice of motion are noted as settled and complied with.