Mphethi and Others v Premier Mpumalanga Province and Others (Leave to Appeal) (3933/2020) [2022] ZAMPMHC 13 (26 September 2022)

Mphethi and Others v Premier Mpumalanga Province and Others (Leave to Appeal) (3933/2020) [2022] ZAMPMHC 13 (26 September 2022)

The applicants failed to demonstrate any reasonable prospects of success in appealing the costs order. Their application was procedurally defective, with improper service and incomplete documentation, and was filed outside the prescribed time without condonation. The applicants were forewarned about these defects but persisted regardless. The punitive costs order was warranted due to the applicants' reckless conduct, which forced the respondents to incur unnecessary legal expenses. The applicants' arguments regarding unfairness and lack of reasons for the costs order were unsubstantiated. Consequently, the application for leave to appeal was dismissed with costs.

Citation
[2022] ZAMPMHC 13
Parties
Applicant: Seropane Senyane Alton Mphethi; Applicant: Napogadi Holdings (Pty) Ltd; Applicant: Barudi Transport & Development Services; Applicant: Ngwato Transport & Development Services; Respondent: Premier, Mpumalanga Province; Respondent: MEC for Public Works, Mpumalanga Province
Court
Middelburg High Court, Mpumalanga
Jurisdiction
South Africa
Judgment Date
26 September 2022
Case Number
3933/2020
Procedural Posture
Leave to Appeal / Application for Leave to Appeal Against Costs Order
Outcome
Application for leave to appeal dismissed with costs, including costs of two counsels, payable jointly and severally by the applicants.
Judges
MBG Langa
Legal Topics
Leave to Appeal, Costs Order, Punitive Costs, Striking From Roll
Civil Procedure Leave to Appeal Costs Order Punitive Costs Striking From Roll

Case Brief

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Parties

Seropane Senyane Alton Mphethi

Applicant

Napogadi Holdings (Pty) Ltd

Applicant

Barudi Transport & Development Services

Applicant

Ngwato Transport & Development Services

Applicant

Premier, Mpumalanga Province

Respondent

MEC for Public Works, Mpumalanga Province

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the applicants have shown reasonable prospects of success in appealing the costs order.
  2. 2 Whether the punitive costs order was justified under the circumstances.
  3. 3 Whether the court erred in granting costs against the applicants.

Ratio Decidendi

The applicants failed to demonstrate any reasonable prospects of success in appealing the costs order. Their application was procedurally defective, with improper service and incomplete documentation, and was filed outside the prescribed time without condonation. The applicants were forewarned about these defects but persisted regardless. The punitive costs order was warranted due to the applicants' reckless conduct, which forced the respondents to incur unnecessary legal expenses. The applicants' arguments regarding unfairness and lack of reasons for the costs order were unsubstantiated. Consequently, the application for leave to appeal was dismissed with costs.

Court Disposition

Application for leave to appeal dismissed with costs, including costs of two counsels, payable jointly and severally by the applicants.

Orders

  • The application by the first to fourth applicants for leave to appeal to the full court of this division is dismissed with costs, inclusive of the costs attendant to the employment of two counsels. The first to fourth applicants to pay such costs jointly and severally, the one paying the other to be absolved.