Camps Bay Ratepayers’ and Residents’ Association and Another v Harrison and Another

Following protracted litigation between the Camps Bay Ratepayers’ and Residents’ Association and Ms Harrison, the applicants were unsuccessful in their constitutional challenge before the Constitutional Court and were ordered to pay costs, including the costs of two counsel. Senior and junior counsel for the successful party charged fees of R453 150 and R263 500 respectively (inclusive of VAT). After objection, the Constitutional Court’s Taxing Master reduced these amounts to R240 000 for senior counsel and R160 000 for junior counsel (plus VAT). The unsuccessful applicants still considered these amounts excessive and applied to the Constitutional Court for a review of the Taxing Master’s allocatur.

The review succeeded. The Taxing Master’s allocatur in respect of counsel’s fees was set aside and replaced with an award of R180 000 for senior counsel and R120 000 for junior counsel, plus VAT.

The case is significant for reaffirming and developing Constitutional Court jurisprudence on the taxation of costs, particularly counsel’s fees. It underscores the Court’s supervisory role over excessive legal fees, highlights the importance of prior litigation history in determining reasonable costs, and reflects judicial concern about escalating counsel’s fees in South Africa.