South Africa Case Law

Sakeliga NPC and Others v Ditsobotla Local Municipality and Others (M311/2021)

Sakeliga NPC and Others v Ditsobotla Local Municipality and Others (M311/2021) [2024] ZANWHC 194 (22 July 2024)

Court

North West High Court, Mafikeng

Case number

M311/2021

Judge

FMM Reid

The respondents failed to fulfil their constitutional duty to provide sufficient water to the public, resulting in a severe water crisis that affected both people and animals. Their opposition to the application was unwarranted and amounted to an attempt to circumvent their obligations under section 27 of the Constitution. The applicants acted in the public interest and were substantially successful. Given the respondents' conduct and the public interest nature of the litigation, a punitive costs order on the attorney and own client scale is justified to penalize the respondents and encourage…

Source excerpt

• Right Of Access To Water
• Municipal Duties
• Public Interest Litigation
• Punitive Costs
• Attorney And Own Client Scale

Aeterno Investments 192 CC t/a Ramlin Square v Polokwane Local Municipality and Another (6302/2018)

Aeterno Investments 192 CC t/a Ramlin Square v Polokwane Local Municipality and Another (6302/2018) [2023] ZALMPPHC 6 (16 February 2023)

Court

Limpopo High Court, Polokwane

Case number

6302/2018

Judge

Kganyago

The High Court reviewed a Taxing Master’s costs allocation, holding that the wrong principles were applied between attorney-and-own-client and party-and-party costs.

• Taxation Of Costs
• Attorney And Own Client Scale
• Party And Party Scale
• Review Of Taxing Master
• Costs Award
• Taxation-of-costs

Murray N.O and Another v Van der Walt (A56/2021)

Murray N.O and Another v Van der Walt (A56/2021) [2022] ZAFSHC 335 (30 November 2022)

Court

Free State High Court, Bloemfontein

Case number

A56/2021

Judges

S Chesiwe, L Opperman, N Snellenburg

The appeal succeeded because the taxing master exercised his discretion judicially and reasonably, considering all relevant circumstances, including the nature and urgency of the matter, the conduct of the respondent and his attorney, and the need to indemnify the successful party for reasonable costs. The review court misdirected itself by failing to interrogate the specific items and by not appreciating the extraordinary circumstances that justified departure from the tariff. The taxing master did not merely apply a rule of thumb but made a fact-specific determination. No grounds existed to…

Source excerpt

• Taxation Of Costs
• Attorney And Own Client Scale
• Review Of Taxing Master
• Uniform Rules Of Court
• Costs De Bonis Propriis

Bothma v Bothma (4182/2020)

Bothma v Bothma (4182/2020) [2021] ZALMPPHC 80 (8 November 2021)

Court

Limpopo High Court, Polokwane

Case number

4182/2020

Judge

Kganyago

The High Court reviewed a taxing master’s costs allocation, set it aside entirely, and sent the bill back for fresh taxation before another taxing master.

• Taxation Of Costs
• Wasted Costs
• Attorney And Own Client Scale
• Party And Party Scale
• Review Of Taxing Master
• Postponement Costs

Khabu and Others v Matlosana City Council and Another (56948/2014)

Khabu and Others v Matlosana City Council and Another (56948/2014) [2021] ZAGPPHC 502 (4 August 2021)

Court

North Gauteng High Court, Pretoria

Case number

56948/2014

Judge

N Janse van Nieuwenhuizen

The High Court reconsidered its costs order, holding the municipality liable for costs after a reasonable secret settlement offer and ordering it to pay Ndlovu’s costs.

• Costs Orders
• Secret Offer To Settle
• Vicarious Liability
• Wrongful And Negligent Act
• Party And Party Scale
• Attorney And Own Client Scale

Savanha Construction and Maintenance CC v Phillips and Another (3803/2019)

Savanha Construction and Maintenance CC v Phillips and Another (3803/2019) [2020] ZALMPPHC 21 (13 May 2020)

Court

Limpopo High Court, Polokwane

Case number

3803/2019

Judge

Kganyago

The High Court upheld cross-reviews of a Taxing Master’s ruling, set the taxation aside, and sent the matter back for fresh taxation before another Taxing Master.

• Taxation Of Costs
• Attorney And Own Client Scale
• Review Of Taxing Master
• Rule 48 Uniform Rules
• Costs Awards
• Taxation-of-costs

Van Aswegen N.O. and Others v Akker N.O. and Another (412/2016)

Van Aswegen N.O. and Others v Akker N.O. and Another (412/2016) [2016] ZANCHC 85 (16 September 2016)

Court

Northern Cape High Court, Kimberley

Case number

412/2016

Judge

Mamosebo

The High Court refused condonation for a late answering affidavit after finding an attorney’s administrative error was not good cause, and awarded punitive costs.

• Condonation
• Urgent Interdict
• Right Of Way
• Costs Award
• Attorney And Own Client Scale
• Attorney-and-own-client-costs

Van Der Merwe N.O v MEC for Health, Gauteng and Others (15360/2009)

Van Der Merwe N.O v MEC for Health, Gauteng and Others (15360/2009) [2014] ZAGPPHC 1045 (11 December 2014)

Court

North Gauteng High Court, Pretoria

Case number

15360/2009

Judge

S Strauss

The High Court set aside a wrongly taxed bill of costs, finding it had been taxed on the wrong scale contrary to the court order, and ordered taxation de novo.

• Taxation Of Costs
• Attorney And Own Client Scale
• Review Of Allocatur
• Rescission Application
• Taxation-of-costs
• Attorney-and-own-client-costs

Michael and Another v Linksfield Park Clinic (Pty) Ltd and Another (2) (361/98)

Michael and Another v Linksfield Park Clinic (Pty) Ltd and Another (2) (361/98) [2001] ZASCA 55 (30 March 2001)

Court

Supreme Court of Appeal

Case number

361/98

Judges

Howie, Farlam, Chetty

Costs ruling in a medical negligence appeal, where the court imposed special costs orders against the second defendant and referred the matter to the Health Professions Council.

• Medical Negligence
• Costs Orders
• Attorney And Own Client Scale
• Joinder Of Parties
• Medical-negligence
• Special-costs-order