South Africa Case Law

Uzani Environmental Advocacy CC v BP Southern Africa (Pty) Ltd (Costs) (CC 82/2017)

Uzani Environmental Advocacy CC v BP Southern Africa (Pty) Ltd (Costs) (CC 82/2017) [2025] ZAGPPHC 263 (20 March 2025)

Court

North Gauteng High Court, Pretoria

Case number

CC 82/2017

Judge

Spilg

The court held that section 34B of NEMA is confined to informants and does not entitle private prosecutors to a share of fines; their entitlement to costs is governed by section 33(3) of NEMA and section 15 of the Criminal Procedure Act. Advance provision for costs of appeal is not permitted under section 33(3), as costs are only claimable upon completion of trial or appeal. The prosecution is entitled to attorney and client costs for a successful private prosecution, given the constitutional importance of environmental protection and the need to ensure that those who prosecute in the public…

Source excerpt

• Private Prosecution Costs
• National Environmental Management Act
• Attorney And Client Costs
• Retrospectivity Of Costs Rules
• Environmental Authorisation
• Uniform Rule 67a

Grogan v Changing Tides (Pty) Ltd (1970/2023)

Grogan v Changing Tides (Pty) Ltd (1970/2023) [2024] ZAECMKHC 105 (25 September 2024)

Court

Eastern Cape High Court, Makhanda

Case number

1970/2023

Judge

N G Beshe

The court held that the damages claim was substantial and somewhat complex, but not novel enough for costs on scale C. Party-and-party costs were awarded on scale B.

• Uniform Rule 67a
• Costs Award
• Architectural Negligence
• Public Safety In Premises
• Party And Party Costs
• Scale Of Costs