Minister of Police v Lubabalo Guntu

The respondent instituted a damages claim against the Minister of Police. Due to the applicant’s failure to deliver expert medico-legal reports, an order was granted on 18 April 2023 compelling compliance and awarding wasted costs to the respondent. The respondent prepared and served a bill of costs, which was taxed on an unopposed basis, resulting in an allocatur dated 7 June 2023. Several subsequent communications showed that the applicant received the taxed bill and related notices but did not object or attend taxation. The applicant later applied, out of time, for rescission of the allocatur and for condonation, alleging lack of proper notice and disputing certain taxed items.

The application for rescission and condonation was dismissed, and the applicant was ordered to pay the respondent’s costs on scale A in terms of amended Uniform Rule 67A.

The case reaffirms that an allocatur can only be rescinded on default-judgment principles and clarifies that a party who receives notice of taxation but elects not to object or attend is in wilful default and not entitled to rescission. It underscores the distinction between rescission of an allocatur and review of taxation under the Uniform Rules.