Investigation into Legal Fees - Including Access to Justice and Other Interventions - Project 142

Public Protector — Constitutional powers under section 182(1)(c) — remedial action may be binding depending on nature, context and language; national legislation cannot nullify constitutional powers. Exclusive jurisdiction — section 167(4)(e) — Court has exclusive jurisdiction where an actor-specific constitutional obligation of President or Parliament is at issue. Executive accountability — President’s obligations under sections 83(b), 181(3) and 182(1)(c); National Assembly’s oversight duties under sections 42(3) and 55(2). Separation of powers — Assemblies may scrutinise but may not usurp judicial function to set aside binding remedial action. Remedy — National Treasury to determine costs and President to pay and reprimand ministers.

Magistrates’ Courts Act s65J — Emoluments attachment orders — Whether EAOs may be issued without judicial oversight — Interaction with National Credit Act (ss129,130,90,91) — Right of access to court (s34) and protection of wages — Reading-in as remedy to require court authorisation and judicial consideration before EAOs issue — Prospective effect of remedy.

* Costs — Taxation of counsel’s fees in Constitutional Court — Reasonableness and moderation required — Prior litigation history important where issues were previously traversed. * Costs — Constitutional Court will interfere with Taxing Master only where award is materially vitiated by disproportion. * Costs — SCA Guideline (2006) on counsel’s fees not decided to be binding; unnecessary to resolve where fees plainly excessive.

Land use planning – s 28 LUPO – ownership of public streets and public places vests in local authority on confirmation of subdivision without compensation where based on normal need or policy – s 28 not an expropriation power – aggrieved owners must seek appeal or review remedies – Helderberg majority interpretation binding.

Criminal law – unlawful possession of firearms and ammunition as a 'circumstance crime' – common purpose inapplicable to possession; joint possession requires group animus to exercise possession through the detentor and detentor's intention to hold for the group; mere knowledge/acquiescence insufficient.