The Eswatini government has been accused of using a rescission application to avoid paying legal costs owed to Manene Gibson Gamedze since 2014. Attorney Martin Dlamini, who is opposing the government's application, claims that the government is attempting to overturn a High Court order that gives effect to the legal costs already awarded and taxed. The dispute involves Gamedze and several government officials, including the principal secretary in the ministry of public works and transport.
According to Dlamini, the original costs arose from an application for leave to raise a special plea under the Government Limitations Act of 1971. The court ordered the government to pay costs, which were subsequently taxed. However, instead of settling the bill, the government allegedly challenged the taxation through a review application, which was dismissed with costs. This has left the government with two outstanding bills.
Dlamini argues that the government cannot now use the rescission application to reopen the first taxation after its review challenge failed. Furthermore, the attorney points out that the second taxed bill has never been taken on review, yet the government has allegedly refused to pay it. The government has not demonstrated that the second bill was incorrectly taxed or provided a satisfactory explanation for its failure to settle the amount.
The latest legal battle follows an April 17 order that Dlamini says was granted after the parties had discussed an agreement on payment before Justice Titus Mlangeni on April 15. The court directed the parties to reduce their agreement into writing and file it before April 17 ahead of the court's recess. Dlamini claims that his office prepared the document, served it on the attorney general's office, and filed it with the court.
Dlamini maintains that the government had sufficient notice of the proceedings because it received the notice of filing and the agreement on April 15, two days before the order was granted. He further alleges that the government's legal representative appeared in court on April 17 and tendered E10 000 towards costs as part of the agreement. The government has since launched a rescission application 66 days after the order was granted.
Dlamini takes issue with the government's decision to launch the rescission application, arguing that they have not explained when they became aware of the order or why they waited before approaching the court. He maintains that the applicants have failed to establish that the order was erroneously granted in their absence or provide a reasonable explanation for their alleged default and a bona fide defence with reasonable prospects of success.
Dlamini invokes Section 4 of the Government Liabilities Act, 1964, which requires the accountant-general to arrange payment of money awarded against the government from public revenue. He argues that the government's conduct undermines respect for court judgments and the rule of law. Dlamini wants the High Court to dismiss the rescission application with punitive costs on the attorney and client scale.
Key points
- The Eswatini government has been accused of using a rescission application to avoid paying legal costs owed to Manene Gibson Gamedze since 2014.
- The government has allegedly made several undertakings to settle the debt but has failed to honour its payment commitments.
- The attorney representing Gamedze wants the High Court to dismiss the rescission application with punitive costs.
