Nkosi v Mazwai (2021/14182) [2024] ZAGPJHC 70 (30 January 2024)

Nkosi v Mazwai (2021/14182) [2024] ZAGPJHC 70 (30 January 2024)

The court found that the respondent failed to provide a satisfactory explanation for the fifteen-month delay in filing the application for leave to appeal. No viable defence to the defamatory material was raised, and the respondent had previously accepted liability under the judgment. The application for leave to appeal lacked reasonable prospects of success. The litigation was improperly motivated and funded by a third party with no legal standing, and the respondent's attorney facilitated this conduct despite knowing there were no prospects of success. The court held that this conduct justified a punitive costs order against both the respondent and her attorney, de bonis propriis, on an...

Citation
[2024] ZAGPJHC 70
Parties
Applicant: Nontsikelelo Mazwai; Respondent: Themba Mbongeni Nkosi
Court
South Gauteng High Court, Johannesburg
Jurisdiction
South Africa
Judgment Date
30 January 2024
Case Number
2021/14182
Procedural Posture
Leave to Appeal / Application for Condonation and Leave to Appeal After Final Interdict
Outcome
Application for condonation dismissed with costs; application for leave to appeal not entertained; costs of both applications to be borne by the respondent and her attorney de bonis propriis, jointly and severally, on an attorney and client scale.
Judges
Fisher
Legal Topics
Condonation, Leave to Appeal, Defamation, Punitive Costs, Attorney Liability
Civil Procedure Delict Condonation Leave to Appeal Defamation Punitive Costs Attorney Liability

Case Brief

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Parties

Nontsikelelo Mazwai

Applicant

Themba Mbongeni Nkosi

Respondent

Procedural Posture

Leave to Appeal / Application for Condonation and Leave to Appeal After Final Interdict

Legal Issues

  1. 1 Whether condonation should be granted for the late filing of the application for leave to appeal.
  2. 2 Whether the application for leave to appeal has reasonable prospects of success.
  3. 3 Whether costs should be awarded on a punitive scale and de bonis propriis against the respondent's attorney.

Ratio Decidendi

The court found that the respondent failed to provide a satisfactory explanation for the fifteen-month delay in filing the application for leave to appeal. No viable defence to the defamatory material was raised, and the respondent had previously accepted liability under the judgment. The application for leave to appeal lacked reasonable prospects of success. The litigation was improperly motivated and funded by a third party with no legal standing, and the respondent's attorney facilitated this conduct despite knowing there were no prospects of success. The court held that this conduct justified a punitive costs order against both the respondent and her attorney, de bonis propriis, on an...

Court Disposition

Application for condonation dismissed with costs; application for leave to appeal not entertained; costs of both applications to be borne by the respondent and her attorney de bonis propriis, jointly and severally, on an attorney and client scale.

Orders

  • The application for condonation is dismissed with costs and the application for leave to appeal is not entertained.
  • The costs of both applications are to be borne by the respondent (Nontsikelelo Mazwai) and de bonis propriis by her attorney (Risiva Maxwell Khosa) jointly and severally (the one paying the other to be absolved), such costs to be calculated on the scale as between attorney and client.