Tiekiedraai Eiendomme (Pty) Ltd v Shell South Africa Marketing (Pty) Ltd and Others [2019] ZACC 14 (9 April 2019)

Public Protector Act 23 of 1994 — personal costs — punitive costs — representative litigant — personal indemnity exceeded —  accountability

Superior Courts Act 10 of 2013 — constitutionality of section 16(3)

Uniform Rules of Court — rule 43

Best interests of the child — equality before the law — access to court — section is constitutional

Condonation — late filing of application for leave to appeal, record and written submissions — lengthy delay in filing of record criticised — importance of issues raised and public interest justifying airing of dispute and granting of condonation

Consent order — order recording settlement reached between parties — requirements for grant of such order — order related to lis between parties — consistent with Constitution, law and public policy – holding some practical or legitimate advantage for parties

Consent order — non-compliance with requirements for grant of such order — consent order unrelated to lis, inconsistent with Constitution, Local Government: Municipal Structures Act 117 of 1998 and Local Government Ordinance 17 of 1939 and holding no practical or legitimate advantage — attorney lacking authority to consent to order

Rescission of consent order — delay in seeking — requirements for grant of rescission at common law — residual discretion to refuse

Costs — unsatisfactorily explained delays — costs not following suit