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South Africa decisions
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Minister of Police v Dladla and Others (2318/2023) [2025] ZAMPMBHC 45 (30 May 2025)
The High Court dismissed the Minister of Police’s bid to rescind a taxing master’s allocator, finding due notice, wilful default, and no basis for common-law rescission.
R.D.D v V.D.D (2024/067120; A2024/005340) [2025] ZAGPJHC 428 (6 May 2025)
The High Court condoned the applicant's non-compliance with Rule 35, finding that the substance of section 81 of the Magistrates' Court Act had been observed and that the court retained inherent power to regulate its own process in the interests of justice. On the merits, the court held that the clerk and Magistrate acted reasonably in refusing to allow the claimed disbursements, as there was no evidence of actual payment and the invoices appeared to be for the applicant's own time, which is not recoverable by a litigant in person. The appeal and review were accordingly dismissed.
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Tshabangu and Others v Road Accident Fund (A317/2023) [2025] ZAGPPHC 453 (30 April 2025)
The court held that the Taxing Master does not have discretion to allow preparation costs for expert witnesses unless authorised by a court order or by consent of all interested parties. The orders of the court a quo were therefore incorrect in leaving this matter to the Taxing Master's discretion. The appeal was upheld and the orders amended to require the defendant to pay the reasonable preparation costs of expert witnesses, including the costs of reports, updated reports, and calculations.
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Mandela v Mandela and Others (Review) (1552/2013) [2025] ZAECMHC 29 (22 April 2025)
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…
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H.L.M v H.W.A and Another (21 February 2025) (2486/2024) [2025] ZAFSHC 54 (21 February 2025)
The High Court dismissed condonation for a late rescission challenge to a taxing master’s allocatur, finding no reasonable explanation for the delay or prospects of success.
Sports Tavern & Restaurant and Others v Executor Estate Late Santos (HCAA 01/2023) [2025] ZALMPPHC 17 (5 February 2025)
Appeal about taxation of costs for a High Court unopposed motion was upheld. The court reduced an attorney’s claimed R20,000 day fee to R3,500 as reasonable.
Bekker v F.J.L.R and Another (1445/2020) [2025] ZAMPMHC 19 (27 January 2025)
The court held that a divorce liquidator had not fully completed his mandate, but was still entitled to reasonable remuneration taxed by the Master.
Botha N.O. and Another v Sunfox 148 CC t/a Avanti Restaurant and Others (5106/2019) [2024] ZAFSHC 412 (24 December 2024)
The High Court reviewed a taxation ruling on perusal fees, finding the taxing mistress allowed duplicated costs for documents already perused and remitting the matter.
Lepomane v Gildenhuys Malatji Incorporated Attorneys and Others (048040/24) [2024] ZAGPPHC 1391 (19 December 2024)
The High Court ordered a law firm to charge fees on a party-and-party scale and to provide the applicant’s file, with costs awarded against it.
Sabdia N.O and Another v Soma and Another (845/2023) [2024] ZASCA 174; 2025 (4) SA 450 (SCA) (12 December 2024)
The Supreme Court of Appeal held that the will of the late Dr Mahamed Faruk Sabdia expressly authorised the executors to charge and be paid all usual professional fees and other charges for business transacted, time spent, and acts done in connection with the administration of the estate. Section 51(1)(a) of the Administration of Estates Act allows a testator to fix the executor's remuneration, including professional fees. The remuneration clause and clause 5.3 of the will clearly indicated the testator's intention that the executors, including one who was an attorney, and his associates, sho…
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