Smith and Others v MEC for Health - Mpumalanga (571/2017) [2021] ZAMPMHC 2; 2021 (6) SA 532 (ML) (3 February 2021)

Smith and Others v MEC for Health - Mpumalanga (571/2017) [2021] ZAMPMHC 2; 2021 (6) SA 532 (ML) (3 February 2021)

The court held that the taxing master is empowered and obliged to scrutinize all items in a bill of costs, including those settled between the parties, in order to ensure that fees claimed are reasonable and in accordance with the tariff. The notion that settled items are exempt from the taxing master's discretion is incorrect and undermines the integrity of the taxation process. The court found that the applicants' conduct in attempting to pressure the taxing mistress and submitting contradictory statements regarding the drawing of bills and filing of rule 70 certificates was unjustified and potentially misleading. The court directed that all bills must be properly numbered, accompanied...

Citation
[2021] ZAMPMHC 2
Parties
Applicant: Smith and Others; Respondent: MEC for Health - Mpumalanga
Court
Middelburg High Court, Mpumalanga
Jurisdiction
South Africa
Judgment Date
3 February 2021
Case Number
571/2017
Procedural Posture
Civil Application / Referral for Judicial Direction Under Rule 70(5 A)(d) Regarding Taxation Process
Outcome
Application for direction granted. Directions issued regarding the taxation process and conduct of attorneys.
Judges
Legodi JP
Legal Topics
Taxation of Costs, Uniform Rules of Court Rule 70, Taxing Master Discretion, Settlement of Costs, Professional Conduct, Rule 70 Certificates
Civil Procedure Taxation of Costs Uniform Rules of Court Rule 70 Taxing Master Discretion Settlement of Costs Professional Conduct Rule 70 Certificates

Case Brief

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Parties

Smith and Others

Applicant

MEC for Health - Mpumalanga

Respondent

Procedural Posture

Civil Application / Referral for Judicial Direction Under Rule 70(5 A)(d) Regarding Taxation Process

Legal Issues

  1. 1 Whether a taxing master may mero motu scrutinize and disallow items in a bill of costs that have been settled between the parties.
  2. 2 Whether attorneys may insist that settled items are exempt from the taxing master's discretion.
  3. 3 Whether the conduct of the attorneys in pressuring the taxing mistress and submitting contradictory statements warrants reporting to the Legal Practice Council.

Ratio Decidendi

The court held that the taxing master is empowered and obliged to scrutinize all items in a bill of costs, including those settled between the parties, in order to ensure that fees claimed are reasonable and in accordance with the tariff. The notion that settled items are exempt from the taxing master's discretion is incorrect and undermines the integrity of the taxation process. The court found that the applicants' conduct in attempting to pressure the taxing mistress and submitting contradictory statements regarding the drawing of bills and filing of rule 70 certificates was unjustified and potentially misleading. The court directed that all bills must be properly numbered, accompanied...

Court Disposition

Application for direction granted. Directions issued regarding the taxation process and conduct of attorneys.

Orders

  • Plaintiffs' attorneys in the five matters must number each item and re-lodge the bills into the taxation drop box.
  • Each bill of costs must be accompanied by Form JA and a rule 70 certificate.