Mkhatshwa and Others v Mkhatshwa and Others (391/2020) [2020] ZAMPMBHC 32 (10 September 2020)

Mkhatshwa and Others v Mkhatshwa and Others (391/2020) [2020] ZAMPMBHC 32 (10 September 2020)

The court found that the applicants were aware of their non-compliance with the court rules and manual prior to the hearing, yet chose to proceed without seeking condonation. Their disregard was flagrant and gross, and the ramifications of such conduct are serious, affecting the efficiency of the court. Although the respondents withdrew their request for costs de bonis propriis during argument, the court imposed such costs of its own accord, without affording the attorneys an opportunity to be heard. The court acknowledged that there is a tendency among litigants to ignore compliance with procedural requirements, expecting leniency from the courts. In light of the withdrawal of the...

Citation
[2020] ZAMPMBHC 32
Parties
Applicant: Siphiwe Happy Mkhatshwa; Applicant: Isaac Maomo Ntiwane Mawewe Tribal Authority; Applicant: Judy Mkhatshwa; Applicant: Mawewe Communal Property Association; Respondent: Evah Simangele Mkhatshwa; Respondent: Mawewe Tribal Authority; Respondent: Candy Zidwe Mkhatshwa; Respondent: Department of Rural Development and Land Reform; Respondent: Minister of Rural Development and Land Reform; Respondent: MEC for Agriculture, Rural Development and Land Reform; Respondent: First National Bank; Respondent: Standard Bank of SA Ltd; Respondent: J L Bouwer; Respondent: J P Koekemoer; Respondent: E J Naude; Respondent: J Van Wyk
Court
Mbombela High Court, Mpumalanga
Jurisdiction
South Africa
Judgment Date
10 September 2020
Case Number
391/2020
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Costs Order
Outcome
Leave to appeal the costs order is granted to the Full Court of the division.
Judges
B A Mashile
Legal Topics
Costs De Bonis Propriis, Condonation, Court Rules Non Compliance
Civil Procedure Costs De Bonis Propriis Condonation Court Rules Non Compliance

Case Brief

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Parties

Siphiwe Happy Mkhatshwa

Applicant

Isaac Maomo Ntiwane Mawewe Tribal Authority

Applicant

Judy Mkhatshwa

Applicant

Mawewe Communal Property Association

Applicant

Evah Simangele Mkhatshwa

Respondent

Mawewe Tribal Authority

Respondent

Candy Zidwe Mkhatshwa

Respondent

Department of Rural Development and Land Reform

Respondent

Minister of Rural Development and Land Reform

Respondent

MEC for Agriculture, Rural Development and Land Reform

Respondent

First National Bank

Respondent

Standard Bank of SA Ltd

Respondent

J L Bouwer

Respondent

J P Koekemoer

Respondent

E J Naude

Respondent

J Van Wyk

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal Against Costs Order

Legal Issues

  1. 1 Whether the court erred in granting a costs order de bonis propriis against the attorneys without affording them an opportunity to be heard.
  2. 2 Whether the respondents specifically prayed for punitive costs against the attorneys, or abandoned such relief during argument.
  3. 3 Whether the attorneys' transgressions were sufficiently serious to warrant a personal costs order.

Ratio Decidendi

The court found that the applicants were aware of their non-compliance with the court rules and manual prior to the hearing, yet chose to proceed without seeking condonation. Their disregard was flagrant and gross, and the ramifications of such conduct are serious, affecting the efficiency of the court. Although the respondents withdrew their request for costs de bonis propriis during argument, the court imposed such costs of its own accord, without affording the attorneys an opportunity to be heard. The court acknowledged that there is a tendency among litigants to ignore compliance with procedural requirements, expecting leniency from the courts. In light of the withdrawal of the...

Court Disposition

Leave to appeal the costs order is granted to the Full Court of the division.

Orders

  • Leave to appeal the costs order is granted to the Full Court of this division.
  • Costs will be those in the appeal.