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Applied for the principle that common law rules render an order for costs de bonis propriis appropriate if actions are motivated by malice or amount to…
The Court follows Swartbooi I to hold that where the Supreme Court of Appeal refuses leave to appeal, the appeal to the Constitutional Court is against the…
Considered in relation to privilege under section 28 of the Municipal Structures Act covering conduct of members in full council deliberations and noting…
Cited for the principle that public officials acting in a representative capacity may be ordered to pay costs personally in specified circumstances.
The Constitutional Court granted leave to appeal on the costs issue, joined the council as a party, and heard argument from various interested parties…
Cited to confirm the jurisprudence under the earlier rules that an appeal lies against the High Court decision when the President of the SCA refuses leave, and…
Cited by the High Court as justification for its costs order.
The SCA relied on this Constitutional Court case to conclude that the MEC was not entitled to recover legal costs from councillors in proceedings involving the…
Cited for the principle that where the SCA refuses leave to appeal, the correct procedure is to apply for leave to appeal directly to the Constitutional Court…
Distinguished as involving a different enquiry concerning councillors' immunity from civil liability, not disclosure of deliberations under rule 53, in paras…