Films and Publications Act, 1996 (Act No. 65 of 1996)

Rules

Enforcement Committee Rules, 2022

Schedule 1

Part 4 : The Hearing

Decision of the Enforcement Committee

37. Costs

Purchase

(1)	For the purposes of these Rules “costs” means costs and expenses recoverable, as appropriate, and include payments in respect of the representation of a party to proceedings, where the representation by a legal representative was provided free of charge.

(2)	The Enforcement Committee may at its discretion, subject to rules 26 and 27 of Schedule 1, at any stage of the proceedings make any order it thinks fit in relation to the payment of costs in respect of the whole or part of the proceedings.

(3)	In making an order under sub-rule 37 (2) of Schedule 1 and determining the amount of costs, the Enforcement Committee may take account of—

(a)	the conduct of all parties in relation to the proceedings;

(b)	any schedule of incurred or estimated costs filed by the parties;

(c)	whether a party has succeeded on part of its case, even if that party has not been wholly successful;

(d)	any admissible offer to settle made by a party which is drawn to the Enforcement Committee’s attention, and which is not a settlement offer to which costs consequences under sub-rule 26 and 27 of Schedule 1 apply;

(e)	whether costs were proportionately and reasonably incurred; and

(f)	whether costs are proportionate and reasonable in amount.

(4)	The Enforcement Committee may assess the sum to be paid under any order under sub-rule 37 (2) of Schedule 1 or may direct that it be assessed by the chairperson or the registrar.

(5)

The power to award costs under sub-rules 37 (1) to 37 (4) of Schedule 1 includes the power to direct any party to pay to the Enforcement Committee such sum as may be appropriate in reimbursement of any costs incurred by the Enforcement Committee in connection with the instruction of experts on the Enforcement Committee’s behalf; and any sum due as a result of such a direction may be recovered by the Enforcement Committee as a civil debt due to the Enforcement Committee.