Limpopo Legal Solutions and Others v Vhembe District Municipality and Others

The applicants, a non-profit organisation and three residents of Malamulele in Limpopo, brought urgent High Court proceedings seeking a final interdict compelling municipal authorities to repair burst sewage pipelines causing health and environmental hazards. They did so without first notifying the Vhembe District Municipality, which was responsible for sewer services, having initially reported the problem to Thulamela Municipality. The High Court dismissed the application and made a punitive attorney-and-client costs order against the applicants. The applicants then sought leave to appeal directly to the Constitutional Court, primarily challenging the punitive costs order.

Leave to appeal against the dismissal of the main application was refused. Leave to appeal against the High Court’s costs order was granted. The appeal on costs succeeded, the punitive costs order was set aside, and replaced with an order that there be no costs order in the High Court. The applicants were awarded costs in the Constitutional Court.

The case reaffirms and strengthens the Biowatch principle, underscoring that punitive or adverse costs orders against unsuccessful litigants asserting constitutional rights against the state are exceptional. It highlights the Constitutional Court’s willingness to intervene where lower courts misapply costs principles in constitutional litigation, particularly to avoid chilling access to justice.