Nkoana-Mashabane, seeking to overturn a cost order against her for not giving effect to a judgment regarding the District Six redevelopment, had her application dismissed. Picture: Armand Hough/African News Agency(ANA)
Nkoana-Mashabane, seeking to overturn a cost order against her for not giving effect to a judgment regarding the District Six redevelopment, had her application dismissed. Picture: Armand Hough/African News Agency(ANA)

Maite Nkoana-Mashabane loses bid to overturn District Six cost order

By Marvin Charles Time of article published Oct 6, 2020

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Cape Town – Former land and rural development minister Maite Nkoana-Mashabane, seeking to overturn a cost order against her for not giving effect to a judgment regarding the District Six redevelopment, had her application dismissed by the Western Cape High Court.

In the ruling, acting Judge Tembeka Ngcukaitobi said the application should be dismissed based on lack of reasonable explanation.

“It is not fair that the District Six community is being brought to court repeatedly over this issue. This appears to be an abuse of this court’s processes.

“The minister’s claim that she has a right of access to court is true. But the right of access to court does not mean that when one is out of time, they do not have to give an explanation,” said Judge Ngcukaitobi. The proceedings were heard virtually last week.

Nkoana-Mashabane is adamant she shouldn’t be compelled to pay the legal costs out of her own pocket.

She is taking members of the District Six Working Committee (D6WC) to court in an attempt to have the personal cost order reversed.

Nkoana-Mashabane, now Minister of Women, Youth and Persons with Disabilities, brought an application this month for leave to appeal against the court order (and personal costs order) that was granted against her in August last year, in relation to restitution for the people of District Six.

Her heads of arguments stated the court made an error in granting an order that she should pay the legal cost in her own capacity. It also stated the court erred in finding that the threshold for a personal cost against a public official is met under circumstances of this matter.

The D6WC in a statement said: “The D6WC, the respondents in the case, expressed their dismay at what appeared to be further delaying tactics employed by the former minister in court today. The D6WC was frustrated with the former minister for again failing to own up to her responsibilities to the court and people of District Six, despite the court ordering her to take personal responsibility for her failures.”

Cape Argus

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