Mmope v Madibeng Local Municipality and Others (2022/15337) [2023] ZAGPJHC 403 (2 May 2023)

Mmope v Madibeng Local Municipality and Others (2022/15337) [2023] ZAGPJHC 403 (2 May 2023)

The court found that the respondents' conduct in making unfounded allegations regarding the judge's impartiality and the alleged irregular enrolment of the matter resulted in wasted costs for the applicant. The respondents failed to undertake basic enquiries, such as checking the CaseLines audit trail, which would have clarified the situation and avoided unnecessary litigation. Although the conduct of the respondents' legal representatives demonstrated a lack of proper application and preparation, it did not reach the egregious threshold required for a costs de bonis propriis order. Consequently, the court ordered the respondents to pay the wasted costs incurred by the applicant on 17 and...

Citation
[2023] ZAGPJHC 403
Parties
Applicant: Motlalekgomo Goggy Mmope; Respondent: Madibeng Local Municipality; Respondent: Madibeng Local Municipality Council; Respondent: Speaker of the Council: Madibeng Local Municipality; Respondent: Executive Mayor: Madibeng Local Municipality
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
2 May 2023
Case Number
2022/15337
Procedural Posture
Urgent Application / Costs Determination Following Interim Interdict
Outcome
The respondents are ordered to pay the wasted costs of the applicant for the days of 17 and 18 May 2022 in respect of Part A.
Judges
M Victor
Legal Topics
Wasted Costs, Recusal Application, Irregular Enrolment, De Bonis Propriis Costs
Civil Procedure Wasted Costs Recusal Application Irregular Enrolment De Bonis Propriis Costs

Case Brief

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Parties

Motlalekgomo Goggy Mmope

Applicant

Madibeng Local Municipality

Respondent

Madibeng Local Municipality Council

Respondent

Speaker of the Council: Madibeng Local Municipality

Respondent

Executive Mayor: Madibeng Local Municipality

Respondent

Procedural Posture

Urgent Application / Costs Determination Following Interim Interdict

Legal Issues

  1. 1 Whether the respondents' conduct in seeking recusal and alleging irregular enrolment justified a punitive costs order.
  2. 2 Whether costs de bonis propriis should be awarded against the respondents' legal representatives.
  3. 3 Whether the wasted costs incurred on 17 and 18 May 2022 should be borne by the respondents.

Ratio Decidendi

The court found that the respondents' conduct in making unfounded allegations regarding the judge's impartiality and the alleged irregular enrolment of the matter resulted in wasted costs for the applicant. The respondents failed to undertake basic enquiries, such as checking the CaseLines audit trail, which would have clarified the situation and avoided unnecessary litigation. Although the conduct of the respondents' legal representatives demonstrated a lack of proper application and preparation, it did not reach the egregious threshold required for a costs de bonis propriis order. Consequently, the court ordered the respondents to pay the wasted costs incurred by the applicant on 17 and...

Court Disposition

The respondents are ordered to pay the wasted costs of the applicant for the days of 17 and 18 May 2022 in respect of Part A.

Orders

  • The respondents are ordered to pay the wasted costs of the applicant for the days of 17 and 18 May 2022 in respect of Part A.