Mfebe v Minister Of Higher Education,Science And Technology and Others (J 1040/20) [2023] ZALCJHB 43 (6 March 2023)

Mfebe v Minister Of Higher Education,Science And Technology and Others (J 1040/20) [2023] ZALCJHB 43 (6 March 2023)

The court found that no costs order was warranted in respect of the ex parte contempt application, as neither party was to blame for the wasted appearance costs and both parties acted in response to a prompted appearance. The Minister's application for leave to file a further affidavit was unnecessary, defective, and not contemplated by the relevant rules or the court's directions. The filing of such an affidavit escalated costs without justification. Accordingly, the defective application was struck off the roll, and the Minister was ordered to pay the costs associated with that application. Each party was ordered to bear its own costs in relation to the ex parte contempt application.

Citation
[2023] ZALCJHB 43
Parties
Applicant: Webster Mfebe; Respondent: The Minister of Higher Education, Science and Technology and Others
Court
Labour Court Johannesburg
Jurisdiction
South Africa
Judgment Date
6 March 2023
Case Number
J 1040/20
Procedural Posture
Civil Application / Determination of Costs Following Ex Parte Contempt Proceedings and Defective Application for Leave to File Further Affidavit.
Outcome
Each party must bear its own costs in relation to the ex parte contempt application. The defective application for leave to file affidavits and for a costs order on a punitive scale is struck off the roll. The Minister must pay the costs of the defective application.
Judges
GN Moshoana
Legal Topics
Costs Award, Ex Parte Application, Contempt of Court, Defective Application, Practice Manual Procedure
Labour Law Civil Procedure Costs Award Ex Parte Application Contempt of Court Defective Application Practice Manual Procedure

Case Brief

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Parties

Webster Mfebe

Applicant

The Minister of Higher Education, Science and Technology and Others

Respondent

Procedural Posture

Civil Application / Determination of Costs Following Ex Parte Contempt Proceedings and Defective Application for Leave to File Further Affidavit.

Legal Issues

  1. 1 Whether a costs order should be made in respect of the ex parte contempt application.
  2. 2 Whether the Minister's defective application for leave to file further affidavit warrants a costs order.
  3. 3 Whether the defective application should be struck off the roll.

Ratio Decidendi

The court found that no costs order was warranted in respect of the ex parte contempt application, as neither party was to blame for the wasted appearance costs and both parties acted in response to a prompted appearance. The Minister's application for leave to file a further affidavit was unnecessary, defective, and not contemplated by the relevant rules or the court's directions. The filing of such an affidavit escalated costs without justification. Accordingly, the defective application was struck off the roll, and the Minister was ordered to pay the costs associated with that application. Each party was ordered to bear its own costs in relation to the ex parte contempt application.

Court Disposition

Each party must bear its own costs in relation to the ex parte contempt application. The defective application for leave to file affidavits and for a costs order on a punitive scale is struck off the roll. The Minister must pay the costs of the defective application.

Orders

  • Each party must bear its own costs in relation to the ex parte contempt application.
  • The defective application for leave to file affidavits and for a costs order on a punitive scale is struck off the roll.