Magagula and Another v Minister of Police (LEGODI JP) [2019] ZAMPMBHC 6; 1530/20 (15 October 2019)

Parties

Procedural Posture

Civil Procedure / Costs Order Following Trial Roll Call and Case Management Default

Legal Issues

1. 1 Whether the conduct of legal representatives in arriving late for trial roll call justified a punitive costs order.
2. 2 Whether failure to comply with case management directives and practice directives constitutes professional misconduct warranting personal costs.
3. 3 Whether the defendant or plaintiff should bear the costs occasioned by delays and defaults in court attendance.

Ratio Decidendi

The court found that both Mr Labe and Adv Kgare, as well as their instructing and correspondent attorneys, failed to comply with explicit case management directives and the Practice Directive requiring attendance at roll call at 8h45. Their explanations for late arrival were unacceptable, given their personal participation in case management proceedings and the clear instructions recorded. The court emphasized that such conduct constitutes gross disregard for professional responsibility and undermines the efficient disposal of litigation. The punitive costs order, made on an attorney and client scale and payable out of their own pockets, was justified to ensure that the opposing parties...

Court Disposition

Punitive costs order granted against the defendant's and plaintiff's legal representatives personally, payable on attorney and client scale out of their own pockets.

Orders

• Costs are awarded on a punitive attorney and client scale against the defaulting legal representatives, payable out of their own pockets.
• The defendant's counsel, instructing and correspondent attorneys are jointly and severally liable for costs, the one paying, the other to be absolved.