The Gauteng Provincial Legislature v J D Kilian and 29 Others

The respondents, constituting at least one-third of the members of the Gauteng Provincial Legislature, petitioned the Speaker under s 98(9) of the Interim Constitution to request the Constitutional Court to decide a dispute over the constitutionality of provisions of the Gauteng School Education Bill. Prior to the referral, the respondents sought and alleged they received an undertaking from the Speaker that the Legislature would pay their legal costs. The Constitutional Court upheld the constitutionality of the Bill and made no costs order. The Speaker later denied liability for the respondents’ costs. The respondents sued in the Transvaal Provincial Division to enforce the alleged undertaking. The High Court upheld their claim, and the Legislature appealed to the Supreme Court of Appeal.

The appeal was dismissed with costs, and the order of the High Court requiring the Gauteng Provincial Legislature to pay the respondents’ taxed legal costs, together with interest and costs, was confirmed.

The case affirms the authority and independence of legislative Speakers in South Africa, clarifying that they may bind legislatures to expenditure incurred as part of the legislative process. It underscores the constitutional importance of enabling minority legislators to raise bona fide constitutional disputes without fear of personal costs, and reinforces principles of good governance and institutional integrity.