Zwelivelile Mandlelizwe Dalibhunga Mandela v Makaziwe Pumla Mandela and Others

Following a burial dispute litigation in which a rescission application was opposed in 2013, Zilwa Attorneys acted as local correspondent attorneys in Mthatha for Randall Titus & Associates, a Cape Town firm. In 2023, Zilwa Attorneys presented an attorney-and-client bill of costs for taxation under Uniform Rule 70, claiming fees for professional services allegedly rendered on instruction from Randall Attorneys. The Taxing Mistress taxed the bill and allowed costs totalling R190 059.03, including correspondent fees of R75 549.03. Randall Attorneys objected to liability and to various items, contending there was no valid mandate, insufficient proof of work done, lack of vouchers, duplication of costs, and absence of a court order authorising the costs. They sought a review of the Taxing Mistress’s decision under Uniform Rule 48.

The review application was dismissed with costs.

The judgment reaffirms the wide discretion of taxing masters/mistresses in attorney-and-client taxation and clarifies that they are competent to determine liability for correspondent attorneys’ costs under Uniform Rule 70 without a specific court order. It underscores the limited scope of judicial interference on review under Rule 48 and confirms that parties who fail to properly ventilate objections at taxation cannot use review proceedings as a second opportunity.