Mogale and Another v Premier, North West Province and Another (M485/20) [2024] ZANWHC 169 (3 July 2024)

Mogale and Another v Premier, North West Province and Another (M485/20) [2024] ZANWHC 169 (3 July 2024)

The court held that the applicants, having withdrawn the application after inviting the respondents to answer the case set out in the founding papers, are liable for the costs incurred by the respondents. The applicants failed to provide a satisfactory explanation for signing affidavits that allegedly did not reflect their instructions, and their attempt to rely on the Biowatch principle was rejected as inapplicable. The general rule that a withdrawing party pays costs applies, and no exceptional circumstances were present to justify a departure. The applicants are ordered to pay the costs of the application, including costs attendant upon the employment of counsel on Scale B.

Citation
[2024] ZANWHC 169
Parties
Applicant: George Rangenna Mogale; Applicant: Matuma Clan; Respondent: Premier, North West Province; Respondent: Andrew Nkwane Mogale
Court
North West High Court, Mafikeng
Jurisdiction
South Africa
Judgment Date
3 July 2024
Case Number
M485/20
Procedural Posture
Review Application / Costs Determination Following Withdrawal of Application
Outcome
Application withdrawn; applicants ordered to pay costs.
Judges
Petersen
Legal Topics
Withdrawal of Application, Costs Award, Commission of Inquiry, Traditional Leadership Dispute
Civil Procedure Administrative Law Withdrawal of Application Costs Award Commission of Inquiry Traditional Leadership Dispute

Case Brief

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Parties

George Rangenna Mogale

Applicant

Matuma Clan

Applicant

Premier, North West Province

Respondent

Andrew Nkwane Mogale

Respondent

Procedural Posture

Review Application / Costs Determination Following Withdrawal of Application

Legal Issues

  1. 1 Whether the applicants are liable for the costs of the withdrawn review application.
  2. 2 Whether exceptional circumstances exist to depart from the general rule that a withdrawing party pays costs.
  3. 3 Whether the Biowatch principle applies to the costs determination in this matter.

Ratio Decidendi

The court held that the applicants, having withdrawn the application after inviting the respondents to answer the case set out in the founding papers, are liable for the costs incurred by the respondents. The applicants failed to provide a satisfactory explanation for signing affidavits that allegedly did not reflect their instructions, and their attempt to rely on the Biowatch principle was rejected as inapplicable. The general rule that a withdrawing party pays costs applies, and no exceptional circumstances were present to justify a departure. The applicants are ordered to pay the costs of the application, including costs attendant upon the employment of counsel on Scale B.

Court Disposition

Application withdrawn; applicants ordered to pay costs.

Orders

  • The applicants, jointly and severally, the one paying the other to be absolved, are ordered to pay the costs of the application, including costs attendant upon the employment of counsel on Scale B of the scale of costs.