Salemane and Others v Setsoto Local Municipality (1356/2020) [2021] ZAFSHC 31 (12 February 2021)

Salemane and Others v Setsoto Local Municipality (1356/2020) [2021] ZAFSHC 31 (12 February 2021)

The court found that while applicants are free to instruct attorneys and experts of their choice, the costs of such choices should not be imposed on the respondent, particularly where local alternatives were available and no compelling reasons were provided for engaging out-of-town professionals. The discretion of the taxing master in determining the necessity of multiple attorneys and expert costs should not be curtailed by a court order. The settlement agreement was scrutinized and amended to ensure only necessary and reasonable costs are recoverable, in line with public policy and the interests of justice. Only the costs of one set of attorneys (DSC Attorneys) are to be taxed, and the...

Citation
[2021] ZAFSHC 31
Parties
Applicant: Tsokolo Cecilia Salemane; Applicant: Boitumelo Valencia Sejane; Applicant: Neho Alexis Letela; Respondent: Setsoto Local Municipality
Court
Free State High Court, Bloemfontein
Jurisdiction
South Africa
Judgment Date
12 February 2021
Case Number
1356/2020
Procedural Posture
Civil Action / Application to Make Settlement Agreement an Order of Court After Settlement in Damages Claim
Outcome
Settlement agreement made an order of court, subject to amendments regarding costs; only one bill of costs (DSC Attorneys) to be taxed; travel and accommodation expenses for expert consultation disallowed.
Judges
Daffue
Legal Topics
Costs of Multiple Attorneys, Party and Party Costs, Public Policy in Costs, Quantum of Damages, Expert Evidence, Settlement Agreements
Civil Procedure Delict Costs of Multiple Attorneys Party and Party Costs Public Policy in Costs Quantum of Damages Expert Evidence Settlement Agreements

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Parties

Tsokolo Cecilia Salemane

Applicant

Boitumelo Valencia Sejane

Applicant

Neho Alexis Letela

Applicant

Setsoto Local Municipality

Respondent

Procedural Posture

Civil Action / Application to Make Settlement Agreement an Order of Court After Settlement in Damages Claim

Legal Issues

  1. 1 Whether the costs of two sets of attorneys (Cape Town and Bloemfontein) should be allowed on a party and party scale.
  2. 2 Whether the travelling and accommodation expenses for applicants to consult a Cape Town clinical psychologist should be recoverable from the respondent.
  3. 3 Whether the settlement agreement, including its costs provisions, accords with public policy and the law.

Ratio Decidendi

The court found that while applicants are free to instruct attorneys and experts of their choice, the costs of such choices should not be imposed on the respondent, particularly where local alternatives were available and no compelling reasons were provided for engaging out-of-town professionals. The discretion of the taxing master in determining the necessity of multiple attorneys and expert costs should not be curtailed by a court order. The settlement agreement was scrutinized and amended to ensure only necessary and reasonable costs are recoverable, in line with public policy and the interests of justice. Only the costs of one set of attorneys (DSC Attorneys) are to be taxed, and the...

Court Disposition

Settlement agreement made an order of court, subject to amendments regarding costs; only one bill of costs (DSC Attorneys) to be taxed; travel and accommodation expenses for expert consultation disallowed.

Orders

  • The respondent shall pay the applicants' attorneys the sum of R612,360.00 within 14 calendar days, failing which interest at the prescribed statutory rate will accrue.
  • The respondent shall pay the applicants' taxed or agreed costs on the High Court scale as between party and party, limited to the bill of costs of DSC Attorneys only, including the fees of the expert Ms Elspeth Burke and applicants' counsel.