South Africa Case Law

Mandela v Mandela and Others (Review) (1552/2013)

Mandela v Mandela and Others (Review) (1552/2013) [2025] ZAECMHC 29 (22 April 2025)

Court

Eastern Cape High Court, Mthatha

Case number

1552/2013

Judge

Rusi

The court held that the Taxing Mistress was competent to determine liability for attorney and client costs under Rule 70(8), even in the absence of a specific court order awarding such costs. The objections raised by Randall Attorneys regarding the lack of mandate, supporting documentation, and tariff recognition were not substantiated by evidence. The Taxing Mistress called for and received documentary evidence, including counsel's invoice, and exercised her discretion properly in allowing the disputed items. The court found no improper motive, misapplication of mind, or disregard of relevan…

Source excerpt

• Taxation Of Costs
• Attorney And Client Bill
• Uniform Rules Of Court Rule 70
• Review Of Taxing Master Decision

Razzmatazz Civil (Pty) Ltd v Independent Development Trust (4691/2017)

Razzmatazz Civil (Pty) Ltd v Independent Development Trust (4691/2017) [2018] ZAFSHC 154 (26 July 2018)

Court

Free State High Court, Bloemfontein

Case number

4691/2017

Judge

P J Loubser

High Court review of a taxation of costs under Rule 48, concerning senior counsel fees in urgent applications. The court found the taxation methodology flawed but dismissed the review.

• Taxation Of Costs
• Attorney And Client Scale
• Urgent Application
• Review Of Taxing Master Decision
• Taxation-of-costs
• Rule-48-review

Ndlambe Municipality v Lester and Another (3750/2015)

Ndlambe Municipality v Lester and Another (3750/2015) [2016] ZAECGHC 87 (8 September 2016)

Court

Eastern Cape High Court, Grahamstown

Case number

3750/2015

Judges

S Tilana-Mabece, C Plasket

The High Court dismissed a review of a Taxing Master’s ruling, holding that costs agreed with attorneys could not displace Rule 70’s tariff absent exceptional circumstances.

• Taxation Of Costs
• Attorney And Client Costs
• Rule 70 Tariff
• Review Of Taxing Master Decision
• Taxation-of-costs
• Attorney-and-client-costs

Masawe v Road Accident Fund (12820/04)

Masawe v Road Accident Fund (12820/04) [2010] ZAKZDHC 18 (1 June 2010)

Court

Kwazulu-Natal High Court, Durban

Case number

12820/04

Judge

Ndlovu

The court held that the taxing mistress erred in disallowing the curator ad litem's fees for perusal and consultation at the advocate's tariff. The curator ad litem, although acting in the stead of the plaintiff, remains a professional advocate rendering services for which payment is due. The relevant court orders, particularly the order dated 18 August 2006, awarded costs not only for the appointment application but also for the exercise of the curator ad litem's powers, which includes perusal and consultation. The taxing mistress failed to exercise her discretion judicially by making an abs…

Source excerpt

• Taxation Of Costs
• Curator Ad Litem Fees
• Review Of Taxing Master Decision

Mackay v Niehaus NO and Others, Starbuck v Niehaus NO and Others (P671/00, P672/00)

Mackay v Niehaus NO and Others, Starbuck v Niehaus NO and Others (P671/00, P672/00) [2000] ZALC 128; [2001] 3 BLLR 365 (LC); (2001) 22 ILJ 186 (LC) (9 November 2000)

Court

Labour Court

Case number

P671/00, P672/00

Judge

A A Landman

The Labour Court found that the taxing master misdirected himself by failing to apply the proper meaning of 'wasted costs of the day' as established in South African case law. The term encompasses all costs rendered useless due to the fault of the opposing party, not merely those incurred on the arbitration day. The Court held that Rule 15(6) of the CCMA does not confer jurisdiction, but section 158(1)(g) of the Labour Relations Act does. The exclusion of items 1-4 from the bill of costs was a gross irregularity. The decisions of the taxing master were reviewed and set aside, and the matters…

Source excerpt

• Review Of Taxing Master Decision
• Costs Of The Day
• Wasted Costs
• Ccma Jurisdiction

South African Commercial Catering and Allied Workers Union and Others v Registrar of the Labour Court and Another (CA6/98)

South African Commercial Catering and Allied Workers Union and Others v Registrar of the Labour Court and Another (CA6/98) [2000] ZALAC 17 (21 July 2000)

Court

Labour Appeal Court

Case number

CA 6/98

Judge

Waglay

The Labour Appeal Court held that Rule 13(1) required the Supreme Court of Appeal tariff for costs, and set aside the Taxing Master’s contrary rulings.

• Taxation Of Costs
• Labour Appeal Court Rules
• Tariff Of Fees
• Review Of Taxing Master Decision
• Taxation-of-costs
• Labour-appeal-court-rules