Regional Land Claims Commissioner, Limpopo and Another v Klipplaat Landgoed (Pty) Ltd and Another (LCC46/2010) [2023] ZALCC 38 (3 November 2023)

Regional Land Claims Commissioner, Limpopo and Another v Klipplaat Landgoed (Pty) Ltd and Another (LCC46/2010) [2023] ZALCC 38 (3 November 2023)

The application for leave to appeal was dismissed because the applicants failed to demonstrate reasonable prospects of success or any compelling reason for the Supreme Court of Appeal to hear the matter. The Biowatch principle, as confirmed by the Constitutional Court, has settled the approach to costs in...

Source-derived case information.

Citation
[2023] ZALCC 38
Parties
Applicant: Regional Land Claims Commissioner, Limpopo; Applicant: Minister of Agriculture, Rural Development and Land Reform; Respondent: Klipplaat Landgoed (Pty) Ltd; Respondent: Maydeo Thirty-Three CC
Court
Land Claims Court
Jurisdiction
South Africa
Judgment Date
3 November 2023
Case Number
LCC46/2010
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 Senior Counsel.
Judges
Ncube
Legal Topics
Costs Award, Judicial Discretion, Constitutional Litigation, Restitution of Land Rights Act, Biowatch Principle, Leave to Appeal Threshold
Land and Property Civil Procedure Constitutional Law Costs Award Judicial Discretion Constitutional Litigation Restitution of Land Rights Act Biowatch Principle +1 more

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Summary, issues, holding and outcome

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Parties

Regional Land Claims Commissioner, Limpopo

Applicant

Minister of Agriculture, Rural Development and Land Reform

Applicant

Klipplaat Landgoed (Pty) Ltd

Respondent

Maydeo Thirty-Three CC

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether there are reasonable prospects of success for an appeal against the costs order granted on attorney and client scale.
  2. 2 Whether there are compelling reasons for the Supreme Court of Appeal to hear the appeal regarding the costs order.
  3. 3 Whether the Biowatch principle has altered the practice of awarding costs against the State in constitutional litigation before the Land Claims Court.

Ratio Decidendi

The application for leave to appeal was dismissed because the applicants failed to demonstrate reasonable prospects of success or any compelling reason for the Supreme Court of Appeal to hear the matter. The Biowatch principle, as confirmed by the Constitutional Court, has settled the approach to costs in constitutional litigation before the Land Claims Court, and there is no longer a general practice of not awarding costs against the State. The trial court exercised its discretion in awarding costs on an attorney and client scale judicially and in accordance with established principles. The applicants' arguments regarding the withdrawal of claims were based on a patent error in the...

Court Disposition

Application for leave to appeal dismissed with costs, including costs of Senior Counsel.

Orders

  • The application for leave to appeal to the Supreme Court of Appeal is dismissed with costs, including costs of Senior Counsel.