Mackonie obo Reid and Another v Premier of the Free State Provincial Government (4131/2009) [2012] ZAFSHC 92 (10 May 2012)

Mackonie obo Reid and Another v Premier of the Free State Provincial Government (4131/2009) [2012] ZAFSHC 92 (10 May 2012)

The court held that the Taxing Master failed to comply with the mandatory procedural requirements of Rule 48 of the Uniform Rules of Court by not supplying a stated case and report to the parties. This non-compliance rendered the matter unripe for judicial consideration, as the parties were deprived of the opportunity to make submissions and the court lacked the necessary information to adjudicate the review. In the interests of justice, the court declined to adjudicate the review and directed the Taxing Master to comply with Rule 48 before the matter could proceed.

Citation
[2012] ZAFSHC 92
Parties
Plaintiff: Rosy Mackonie N.O. on behalf of Chanel Rochwen Erika Reid; Plaintiff: Joyce Bettie Sanders; Defendant: The Premier of the Free State Provincial Government
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
10 May 2012
Case Number
4131/2009
Procedural Posture
Review Application / Review of Taxation Under Rule 48; Interlocutory Stage
Outcome
Matter not adjudicated; Taxing Master directed to comply with Rule 48 before review can proceed.
Judges
J.P. Daffue
Legal Topics
Review of Taxation, Uniform Rules of Court Rule 48, Taxing Master Discretion
Civil Procedure Review of Taxation Uniform Rules of Court Rule 48 Taxing Master Discretion

Case Brief

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Parties

Rosy Mackonie N.O. on behalf of Chanel Rochwen Erika Reid

Plaintiff

Joyce Bettie Sanders

Plaintiff

The Premier of the Free State Provincial Government

Defendant

Procedural Posture

Review Application / Review of Taxation Under Rule 48; Interlocutory Stage

Legal Issues

  1. 1 Whether the Taxing Master complied with the peremptory requirements of Rule 48 of the Uniform Rules of Court.
  2. 2 Whether the matter is ripe for judicial consideration in the absence of the Taxing Master's stated case and report.
  3. 3 Under what circumstances may a court interfere with the Taxing Master's discretion.

Ratio Decidendi

The court held that the Taxing Master failed to comply with the mandatory procedural requirements of Rule 48 of the Uniform Rules of Court by not supplying a stated case and report to the parties. This non-compliance rendered the matter unripe for judicial consideration, as the parties were deprived of the opportunity to make submissions and the court lacked the necessary information to adjudicate the review. In the interests of justice, the court declined to adjudicate the review and directed the Taxing Master to comply with Rule 48 before the matter could proceed.

Court Disposition

Matter not adjudicated; Taxing Master directed to comply with Rule 48 before review can proceed.

Orders

  • The Taxing Master is directed to supply his stated case in compliance with sub-rule 48(3) within 20 days of this order.
  • The Taxing Master shall, within 20 days after expiry of the period provided for in sub-rule 48(5)(a), supply his report to each of the parties and, after expiry of the period referred to in sub-rule 48(5)(c), forthwith lay the case together with the submissions of the parties before a judge of this division.