Tactical Security Services CC v Newcastle Local Municipality and Others (5214/2024) [2025] ZAKZPHC 62 (17 June 2025)

Tactical Security Services CC v Newcastle Local Municipality and Others (5214/2024) [2025] ZAKZPHC 62 (17 June 2025)

The court found that although the Municipality remedied its error by providing a written undertaking, this was only done after Tactical Security had incurred costs in preparing and serving urgent application papers. The Municipality's conduct did not justify punitive costs, but the applicant was entitled to party and party costs on Scale 'B'. The rule nisi was confirmed and costs awarded against the first and second respondents jointly and severally.

Citation
[2025] ZAKZPHC 62
Parties
Applicant: Tactical Security Services CC; Respondent: Newcastle Local Municipality; Respondent: The Municipal Manager: Newcastle Municipality; Respondent: FBL Trading Enterprise (Pty) Ltd; Respondent: Amabuso Security Solutions (Pty) Ltd; Respondent: Mabotwane Security Services CC; Respondent: Izinhlole Holdings (Pty) Ltd
Court
Kwazulu-Natal High Court, Pietermaritzburg
Jurisdiction
South Africa
Judgment Date
17 June 2025
Case Number
5214/2024
Procedural Posture
Urgent Application / Costs Determination After Merits Became Moot
Outcome
The rule nisi is confirmed. The first and second respondents are ordered to pay the applicant's party and party costs on Scale 'B'.
Judges
Ncube
Legal Topics
Costs Award, Service Level Agreement, Premature Termination, Urgent Application Procedure
Civil Procedure Commercial and Corporate Costs Award Service Level Agreement Premature Termination Urgent Application Procedure

Case Brief

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Parties

Tactical Security Services CC

Applicant

Newcastle Local Municipality

Respondent

The Municipal Manager: Newcastle Municipality

Respondent

FBL Trading Enterprise (Pty) Ltd

Respondent

Amabuso Security Solutions (Pty) Ltd

Respondent

Mabotwane Security Services CC

Respondent

Izinhlole Holdings (Pty) Ltd

Respondent

Procedural Posture

Urgent Application / Costs Determination After Merits Became Moot

Legal Issues

  1. 1 Whether Tactical Security Services CC is entitled to costs of the urgent application after the Municipality remedied its default.
  2. 2 Whether the conduct of the Municipality warrants punitive costs on attorney and client scale.

Ratio Decidendi

The court found that although the Municipality remedied its error by providing a written undertaking, this was only done after Tactical Security had incurred costs in preparing and serving urgent application papers. The Municipality's conduct did not justify punitive costs, but the applicant was entitled to party and party costs on Scale 'B'. The rule nisi was confirmed and costs awarded against the first and second respondents jointly and severally.

Court Disposition

The rule nisi is confirmed. The first and second respondents are ordered to pay the applicant's party and party costs on Scale 'B'.

Orders

  • The rule nisi issued by the Honourable Mr Justice Chili on 04 April 2024 is confirmed.
  • The first and second respondents, jointly and severally, one paying the other to be absolved, are ordered to pay the applicant’s party and party costs on Scale 'B'.