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South Africa decisions
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Fezi Consultants and Auditors (Pty) Ltd v Centlec (SOC) Ltd and Another (1318/2022) [2023] ZAFSHC 503 (27 December 2023)
The High Court refused leave to appeal after finding no reasonable prospects of success and upheld the costs order, rejecting reliance on Biowatch.
Regional Land Claims Commissioner, Limpopo and Another v Klipplaat Landgoed (Pty) Ltd and Another (LCC46/2010) [2023] ZALCC 38 (3 November 2023)
The Land Claims Court dismissed an application for leave to appeal against a costs order, finding no reasonable prospects of success or compelling reason to appeal.
Hilton Community v Minister of Agriculture, Land Reform and Rural Development and Others (LCC72/2020) [2023] ZALCC 15 (18 May 2023)
The Court found that there was no evidence that a community, as defined in the Restitution of Land Rights Act, resided on or was dispossessed from the claimed land. The claim originated from Ms Ngcobo, who was removed from land elsewhere, not the subject properties. The inspection in loco and witness statements confirmed that neither the Plaintiff nor the Fourth Defendant met the statutory definition of a community with rights in the claimed land. The expert report and aerial photographs did not support community occupation. Consequently, the claim for restitution was dismissed. Regarding cos…
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Radebe v Minister of Rural Development and Land Reform and Others (LCC73/2020) [2022] ZALCC 46 (21 September 2022)
The Land Claims Court awarded costs to the second defendant after it substantially succeeded in opposing a land claim that settled for monetary compensation.
Association of Mineworkers and Construction Union (AMCU) v Minister of Mineral Resources and Energy and Others (JA 58/2020) [2021] ZALAC 22; (2021) 42 ILJ 2158 (LAC); [2021] 11 BLLR 1069 (LAC) (23 July 2021)
The Labour Appeal Court held that the Labour Court correctly exercised its discretion in declining to award costs to AMCU. The court found that the ongoing relationship between AMCU and the DMRE as social partners under the Mine Health and Safety Act justified the application of the Zungu principle, which discourages adverse costs orders in labour matters to preserve future cooperation. The Biowatch principle, which protects constitutional litigants from adverse costs orders, was found inapplicable because the dispute arose within a tripartite structure involving ongoing collaboration. The co…
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Fidelity Security (Pty) Ltd v City of Cape Town and Another (16998/2014) [2020] ZAWCHC 78 (11 August 2020)
The appeal court found that the court a quo failed to properly apply the Biowatch principles, which require that in constitutional and administrative law matters, successful parties challenging unlawful State conduct should not be burdened with adverse costs unless their conduct was reckless or untoward. The appellant's opposition was not reckless, and it acted to protect its interests. The first respondent, as the authority responsible for the irregular tender process, should bear sole liability for the costs of the review. The joint and several costs order was set aside and substituted with…
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Mosidi v Minister of Justice and Constitutional Development and Another (60444/2012) [2012] ZAGPPHC 355 (7 December 2012)
The court dismissed an urgent review seeking state-funded legal representation for a suspended State Attorney in disciplinary proceedings.
Camps Bay Ratepayers and Residents Association and Another v Harrison and Another (CCT 76/12) [2012] ZACC 17; 2012 (11) BCLR 1143 (CC) (20 September 2012)
The Constitutional Court reviewed and reduced taxed counsel fees, finding the original award excessive and disproportionate in light of the litigation history.
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