Mlengana v Minister of Agriculture, Forestry and Fisheries (76891/2017) [2018] ZAGPPHC 547 (23 April 2018)

Mlengana v Minister of Agriculture, Forestry and Fisheries (76891/2017) [2018] ZAGPPHC 547 (23 April 2018)

The court found that the respondent acted on legal advice in a matter where the law was not settled, as demonstrated by conflicting judgments. There was no evidence of unreasonable or vexatious conduct by the respondent. Accordingly, the respondent should not be joined in his personal capacity nor be subjected to a punitive costs order. The appropriate order is that the respondent pays the costs of the application in his official capacity on the party and party scale.

Citation
[2018] ZAGPPHC 547
Parties
Applicant: Mzamo Michael Mlengana; Respondent: Minister of Agriculture, Forestry and Fisheries
Court
North Gauteng High Court, Pretoria
Jurisdiction
South Africa
Judgment Date
23 April 2018
Case Number
76891/2017
Procedural Posture
Civil Application / Costs Determination After Main Judgment
Outcome
Costs awarded against the respondent in his official capacity; no personal or punitive costs order made.
Judges
Ranchod
Legal Topics
Costs Order, Personal Costs Liability, Joinder of Parties
Civil Procedure Costs Order Personal Costs Liability Joinder of Parties

Case Brief

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Parties

Mzamo Michael Mlengana

Applicant

Minister of Agriculture, Forestry and Fisheries

Respondent

Procedural Posture

Civil Application / Costs Determination After Main Judgment

Legal Issues

  1. 1 Whether the respondent should be joined in his personal capacity for costs purposes.
  2. 2 Whether a punitive costs order should be made against the respondent.
  3. 3 Whether the respondent's reliance on legal advice affects his liability for costs.

Ratio Decidendi

The court found that the respondent acted on legal advice in a matter where the law was not settled, as demonstrated by conflicting judgments. There was no evidence of unreasonable or vexatious conduct by the respondent. Accordingly, the respondent should not be joined in his personal capacity nor be subjected to a punitive costs order. The appropriate order is that the respondent pays the costs of the application in his official capacity on the party and party scale.

Court Disposition

Costs awarded against the respondent in his official capacity; no personal or punitive costs order made.

Orders

  • The respondent is ordered to pay the costs of the application on the party and party scale in his official capacity.