Jacobs NO v Government of the Republic of South Africa and Others (LCC64/2010) [2011] ZALCC 17 (26 August 2011)

Jacobs NO v Government of the Republic of South Africa and Others (LCC64/2010) [2011] ZALCC 17 (26 August 2011)

The court found that the applicant was entitled to payment of legal expenses at the expense of the Land Claims Commission for the specified matters, as the expenditure was unavoidable and necessary for the conduct of the trial. The respondents' refusal to pay was not based on the expenditure being unnecessary or fruitless, but rather on lack of budget authorization. The court held that denying payment would effectively deny the applicant's constitutional rights to access the courts and a fair trial. The claim for interest from the date of invoice submission was rejected, as the amounts were not due and payable at that time due to the respondents' stance on authorization. Costs were...

Citation
[2011] ZALCC 17
Parties
Applicant: David Daniel Jacobs N.O.; Respondent: Government of the Republic of South Africa; Respondent: Chief Land Claims Commissioner; Respondent: Commission on the Restitution of Land Rights; Respondent: Department of Rural Development and Land Reform; Respondent: Legal Aid Board; Respondent: Regional Land Claims Commissioner for the Northern Cape
Court
Land Claims Court
Jurisdiction
South Africa
Judgment Date
26 August 2011
Case Number
LCC64/2010
Procedural Posture
Review Application / Judgment
Outcome
Application granted in respect of payment of legal expenses and provision of legal representation; interest awarded from date of order; costs awarded against second and/or third respondents.
Judges
MPSHE
Legal Topics
Restitution of Land Rights Act, Legal Representation at State Expense, Review of Administrative Action, Payment of Legal Costs, Constitutional Right to Access Courts
Land and Property Administrative Law Civil Procedure Restitution of Land Rights Act Legal Representation at State Expense Review of Administrative Action Payment of Legal Costs Constitutional Right to Access Courts

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 15 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

David Daniel Jacobs N.O.

Applicant

Government of the Republic of South Africa

Respondent

Chief Land Claims Commissioner

Respondent

Commission on the Restitution of Land Rights

Respondent

Department of Rural Development and Land Reform

Respondent

Legal Aid Board

Respondent

Regional Land Claims Commissioner for the Northern Cape

Respondent

Procedural Posture

Review Application / Judgment

Legal Issues

  1. 1 Whether the applicant is entitled to payment of legal expenses at the expense of the Land Claims Commission in matters LCC 3/98 and LCC 120/99.
  2. 2 Whether the third respondent must provide legal representation for the applicant at its own expense in the specified matters.
  3. 3 Whether the second and/or third respondents are obliged to pay the applicant's attorney the amounts claimed for legal services rendered.

Ratio Decidendi

The court found that the applicant was entitled to payment of legal expenses at the expense of the Land Claims Commission for the specified matters, as the expenditure was unavoidable and necessary for the conduct of the trial. The respondents' refusal to pay was not based on the expenditure being unnecessary or fruitless, but rather on lack of budget authorization. The court held that denying payment would effectively deny the applicant's constitutional rights to access the courts and a fair trial. The claim for interest from the date of invoice submission was rejected, as the amounts were not due and payable at that time due to the respondents' stance on authorization. Costs were...

Court Disposition

Application granted in respect of payment of legal expenses and provision of legal representation; interest awarded from date of order; costs awarded against second and/or third respondents.

Orders

  • Applicant is entitled to payment of legal expenses at the expense of the Land Claims Commission in matters LCC 3/98 and LCC 120/99.
  • Third respondent is directed to provide legal representation for the applicant at its own expense in matters LCC 3/98 and LCC 120/99 until finalization.