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Johannesburg - The Constitutional Court dismissed an application on Thursday “for reconsideration” of a previous order it made relating to an order of costs.
In May, the Constitutional Court dismissed, with costs, an application for leave to appeal against an order of costs by attorney Sizwe Snail.
The High Court in Pretoria had granted an application against Snail with costs de bonis propriis (from his own pocket).
Snail's conduct in the high court, while representing a client, had led to the punitive cost order against him.
The high court and the Supreme Court of Appeal refused him leave to appeal.
After the Constitutional Court dismissed Snail's application, he brought an application “for reconsideration”.
The Constitutional Court held that, in terms of common law, once a court had made a final decision in a matter, it had no power afterwards to reconsider its decision. This could happen only on grounds of rescission or variation of judgments.
Snail elected not to cast his as a rescission application.
However, even if he had, the court held that he would not have succeeded because the facts of the case did not show that the judgment had been incorrectly made.