| (1) |
The court in giving judgment or in making any order, including any adjournment or amendment, may award such costs as it deems fit. |
| (2) |
The costs of any application or order or issue raised by the pleadings may— |
| (a) |
be awarded by the court irrespective of the judgment in the action; or |
| (b) |
may be made costs in the action; or |
| (c) |
may be reserved to be dealt with on the conclusion of the action, |
but if no order is made, such costs shall be costs in the action.
| (3) |
Unless the court shall for good cause otherwise order, costs of interim orders shall not be taxed until the conclusion of the action, and a party may present only one bill for taxation up to and including the judgment or other conclusion of the action. |
| (4) |
Where a judgment or order for costs is made against two or more persons it shall, unless the contrary is stated, have effect against such persons severally as well as jointly. |
(5)
| (a) |
In district court civil matters, the scale of fees to be taken by attorneys as between party and party shall— |
| (i) |
be that set out in Table A of Annexure 2 in addition to the necessary expenses; |
| (ii) |
in relation to proceedings under section 65, 65A to 65M, inclusive, and 72 of the Act and all matters ancillary thereto be that set out in Parts I and II respectively of Table B of the said Annexure; and |
| (iii) |
in relation to proceedings under section 74 and 74A to 74W, inclusive, of the Act and all matters ancillary thereto be that set out in Part III of Table B of the said Annexure. |
| (b) |
The scale of fees referred to in paragraph (a) (iii) of this subrule shall also be the scale of fees to be taken between attorney and client in relation to proceedings under section 74 and 74A to 74W, inclusive, of the Act. |
| (c) |
In regional court civil matters, including divorce or matrimonial matters, the scale of fees to be taken by attorneys as between party and party shall be that set out in table A of Annexure 2 in addition to the necessary expenses, scale C of Table A of Annexure 2 being applicable: Provided that the applicable scale of fees to be taken by attorneys as between party and party in civil claims whose monetary value falls within the jurisdiction of district courts shall be the one contained in paragraph (a) of this subrule, notwithstanding such claims having been instituted in the regional court. |
| (6) |
Save as to appearance in open court without counsel, the fees in subrule (5) shall be allowable whether the work has been done by an attorney or by his or her clerk, but shall, except in the case of the fee referred to in paragraph 13 of the general provisions under Table A of Annexure 2, be allowable only in so far as the work to which such fees have been allocated has in fact and necessarily been done. |
| (7) |
The magistrate presiding over any civil proceedings which last for the period of a quarter of an hour or longer, shall note on the record of the proceedings in respect of each day thereof— |
| (8) |
The court may on request made at or immediately after the giving of judgment in any contested action or application in which— |
| (a) |
is involved any difficult question of law or of fact; or |
| (b) |
the plaintiff makes two or more claims which are not alternative claims; or |
| (c) |
the claim or defence is frivolous or vexatious; or |
| (d) |
costs have been reasonably incurred and in respect of which costs there is no specific provision in these rules, |
award costs on any scale higher than that on which the costs of the action would otherwise be taxable: Provided that the court may give direction as to the manner of taxation of such costs as may be necessary.
| (9) |
When it is reasonable in any proceedings for a party to employ the services of an attorney other than a local attorney, the court may on proof thereof, and if costs are awarded to him or her, order that such costs shall include the reasonable travelling time, travelling expenses and subsistence expenses of such attorney as determined by the court: Provided that the court may order that the determination of such costs be done on taxation by the registrar of clerk of the court. |
| (10) |
Where the court is of the opinion that at the hearing the party to whom costs are awarded has occupied time unnecessarily or in relation to matters not relevant to the issue, the court may disallow a proportionate part of the hearing fee payable to his or her attorney or counsel. |
| (11) |
The court may in its discretion order that the whole of the costs of an action (including the costs of any claim in reconvention) be paid by the parties in such proportions as it may direct. |
| (12) |
Where the court is of the opinion that expense has been unnecessarily incurred because of the successful party's failure to take a course which would have shortened the proceedings and decreased the costs it shall award only such costs as would have been incurred if the successful party had taken such course. |
| (13) |
Where costs in convention and reconvention are awarded to different parties, the registrar or clerk of the court shall on taxation subject to any order which has been made by the court, allow each party to submit a bill of costs in respect of all costs and charges incurred in instituting and defending the claim in convention and reconvention, and defending the claim in convention and reconvention, respectively, and then to award the successful parties a proportionate amount of their costs in accordance with the award given by the court. |
(14)
| (a) |
The costs of issuing any warrant of execution or arrest shall, where they are payable by the party against whom the warrant is issued, be assessed by the registrar or clerk of the court without notice and inserted in the warrant. |
| (b) |
The costs payable by the judgment debtor in respect of any proceedings under section 65 or 65A to 65M inclusive, or 72 of the Act shall be inserted by the judgment creditor or his or her attorney on the face or reverse side of any process issued under either of those sections and assessed by the registrar or clerk of the court before issue. |
| (c) |
The registrar or clerk of the court may refuse to issue any process under section 65 or 65A to 65M, inclusive, or 72 of the Act in which the costs are not inserted or inserted but not according to tariff. |
| (15) |
Where costs or expenses are awarded to any party by the court, otherwise than by a judgment in default of the defendant's delivery of notice of intention to defend or on the defendant's consent to judgment before the time for such notice has expired, the party to whom such costs or expenses have been awarded shall deliver a bill of such costs or expenses and give at least 5 days' notice of taxation for an hour to be fixed (generally or specially) by the registrar or clerk of the court and he or she may include in such bill all such payments as have been necessarily and properly made by him or her. |
| (16) |
After subrule (15) has been complied with the registrar or clerk of the court shall tax and allow the relevant costs and expenses: Provided that witness fees shall not be allowed in taxation unless properly vouched for. |
(17)
| (a) |
Where more than one-fourth of the bill (excluding expenses) is taxed off, the party presenting the bill shall not be allowed any costs of taxation. |
| (b) |
Where a party to whom a bill of costs is presented makes a written offer of payment in respect of such costs, and such offer is refused, the party presenting the bill shall not be allowed any costs of taxation if the bill is taxed in an amount which is smaller than the amount of the offer. |
| (18) |
Where a bill of costs as between attorney and client is required to be taxed, taxation shall take place on at least 5 days' notice thereof to the attorney or client, whether or not an action therefor is pending: Provided that, notwithstanding the provisions of subrule (3), a bill of costs as between attorney and client may be taxed at any time after termination of the mandate. |
| (19) |
Where liability for costs is determined without judgment of the court by virtue of the provisions of these rules or by a settlement recorded in terms of rule 27 (8), such costs shall be taxable by the registrar or clerk of the court as if they had been awarded by the court. |
| (20) |
On failure of a party giving notice of taxation to appear at the appointed time for taxation, such bill of costs may be taxed in his or her absence but such party shall not be allowed any costs of taxation. |
| (21) |
If a party consents to pay the costs of another party, the registrar or clerk of the court shall, in the absence of an order of the court, tax such costs, as if they had been awarded by the court. |
| (22) |
Value added tax may be added to all costs, fees, disbursements and tariffs in respect of which value added tax is chargeable. |
Council for Medical Schemes Levies Act, 2000
