Gauteng Provincial Legislature v Kilian and 29 Others (562/98) [2000] ZASCA 75; 2001 (2) SA 68 (SCA); [2001] 1 All SA 463 (A); 2001 (3) BCLR 253 (SCA) (29 November 2000)

Gauteng Provincial Legislature v Kilian and 29 Others (562/98) [2000] ZASCA 75; 2001 (2) SA 68 (SCA); [2001] 1 All SA 463 (A); 2001 (3) BCLR 253 (SCA) (29 November 2000)

The Supreme Court of Appeal held that the Speaker of the Gauteng Provincial Legislature, acting in his official capacity, had the authority to give an enforceable undertaking to pay the reasonable legal costs of members petitioning the Constitutional Court under section 98(9) of the interim Constitution. The letter of 27 October 1995 constituted a clear and binding undertaking, not a mere ruling, and was not made provisional by its final paragraphs. The Speaker's powers under the interim Constitution and common law included the authority to direct expenditure for the legislative process, and the costs incurred in the constitutional referral were properly part of the legislature's...

Citation
[2000] ZASCA 75
Parties
Appellant: Gauteng Provincial Legislature; Respondent: J D Kilian and 29 Others
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
29 November 2000
Case Number
562/98
Procedural Posture
Civil Appeal / Appeal From the Transvaal Provincial Division of the High Court
Outcome
Appeal dismissed with costs.
Judges
Nienaber, Howie, Schutz, Zulman, Mthiyane
Legal Topics
Powers of Speaker, Costs in Constitutional Litigation, Ultra Vires, Undertakings by Public Officials
Constitutional Law Civil Procedure Powers of Speaker Costs in Constitutional Litigation Ultra Vires Undertakings by Public Officials

Case Brief

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Parties

Gauteng Provincial Legislature

Appellant

J D Kilian and 29 Others

Respondent

Procedural Posture

Civil Appeal / Appeal From the Transvaal Provincial Division of the High Court

Legal Issues

  1. 1 Whether the Speaker of the Gauteng Provincial Legislature had the authority to give an enforceable undertaking to pay the legal costs of members petitioning the Constitutional Court under section 98(9) of the interim Constitution.
  2. 2 Whether the Speaker's letter of 27 October 1995 constituted a binding undertaking or a mere ruling.
  3. 3 Whether the taxed costs incurred by the respondents are recoverable from the legislature.

Ratio Decidendi

The Supreme Court of Appeal held that the Speaker of the Gauteng Provincial Legislature, acting in his official capacity, had the authority to give an enforceable undertaking to pay the reasonable legal costs of members petitioning the Constitutional Court under section 98(9) of the interim Constitution. The letter of 27 October 1995 constituted a clear and binding undertaking, not a mere ruling, and was not made provisional by its final paragraphs. The Speaker's powers under the interim Constitution and common law included the authority to direct expenditure for the legislative process, and the costs incurred in the constitutional referral were properly part of the legislature's...

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.