Zumani and Another v City Manager NMBM and Others (3618/2022) [2024] ZAECQBHC 32 (11 April 2024)

Zumani and Another v City Manager NMBM and Others (3618/2022) [2024] ZAECQBHC 32 (11 April 2024)

The court held that the Members, as the withdrawing parties, are liable for the wasted costs occasioned by the withdrawn applications. No exceptional circumstances were found to justify a departure from the general rule that the withdrawing party pays costs. The Members' arguments regarding lack of representation, the role of the Political Party, and the Biowatch principle were rejected as either factually incorrect or unsupported by the affidavits and primary facts. The court further found that the conduct of the Members, while undesirable, did not warrant a punitive attorney and client cost order for the attendances of 8 February 2024 and 28 March 2024. The Municipal Respondents were...

Citation
[2024] ZAECQBHC 32
Parties
Applicant: Tukela Zumani; Applicant: Florence Hermaans; Respondent: City Manager of the Nelson Mandela Bay Municipality; Respondent: Independent Electoral Commission; Respondent: Nelson Mandela Bay Municipality; Respondent: Defenders of the People
Court
Eastern Cape High Court, Gqeberha
Jurisdiction
South Africa
Judgment Date
11 April 2024
Case Number
3618/2022
Procedural Posture
Civil Application / Costs Determination Following Withdrawal of Applications
Outcome
Applications withdrawn; costs awarded against the withdrawing parties.
Judges
T Rossi
Legal Topics
Withdrawal of Application, Costs Award, Municipal Council Seat Vacancy, Review of Administrative Action
Civil Procedure Administrative Law Withdrawal of Application Costs Award Municipal Council Seat Vacancy Review of Administrative Action

Case Brief

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Parties

Tukela Zumani

Applicant

Florence Hermaans

Applicant

City Manager of the Nelson Mandela Bay Municipality

Respondent

Independent Electoral Commission

Respondent

Nelson Mandela Bay Municipality

Respondent

Defenders of the People

Respondent

Procedural Posture

Civil Application / Costs Determination Following Withdrawal of Applications

Legal Issues

  1. 1 Whether the withdrawing parties should be liable for the wasted costs occasioned by the withdrawn applications.
  2. 2 Whether exceptional circumstances exist to depart from the general rule that the withdrawing party pays costs.
  3. 3 Whether a punitive attorney and client cost order is justified for certain attendances.

Ratio Decidendi

The court held that the Members, as the withdrawing parties, are liable for the wasted costs occasioned by the withdrawn applications. No exceptional circumstances were found to justify a departure from the general rule that the withdrawing party pays costs. The Members' arguments regarding lack of representation, the role of the Political Party, and the Biowatch principle were rejected as either factually incorrect or unsupported by the affidavits and primary facts. The court further found that the conduct of the Members, while undesirable, did not warrant a punitive attorney and client cost order for the attendances of 8 February 2024 and 28 March 2024. The Municipal Respondents were...

Court Disposition

Applications withdrawn; costs awarded against the withdrawing parties.

Orders

  • The First and Second Applicants in case number 3168/2022 and the First and Second Respondents in case number 2160/2022 are ordered to pay the costs occasioned by the said applications, inclusive of the opposed hearing on 28 March 2024 and the following reserved costs: 13 December 2022; 2 February 2022; 16 March...