REPUBLIC OF SOUTH AFRICA
IN THE HIGH COURT OF SOUTH AFRICA
LIMPOPO DIVISION, POLOKWANE
CASE NO: 1227/2023
(1) REPORTABLE : YES/NO
(2) OF INTEREST TO THE JUD
(3) REVISED .
DATEl q(ilq{'21/JikRE ;
In the matter between:
OHR Consulting (Pty) Ltd Applicant
And
Bonita Rodrigues Gomes 1 st Respondent
Erasmus Group Holdings(Pty) Ltd 2nd Respondent
Paledi Super Spar & Tops 3rd Respondent
Thornhill Super Spar & Tops 4th Respondent
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!stores Messina (Pty) Ltd 5th Respondent
Cross Spar & Tops sth Respondent
Messina Super Spar Nasionale Weg 7th Respondent
Taximark (Pty) Ltd t/a Kathu Super Spar & Tops ath Respondent
D elivered : T his judgment is handed dow n electronically by circulation to the parties through their
legal representatives' em ail addresses. T he date for the hand-dow n is deemed to be the 19th
Septemb er 2025
JUDGEMENT
1. This is the variation of the court order in terms of Rule 42(1 )(b) of the Un iform Rules.
2. It follows the judgment and order made on the 20th May 2024.
3. The variation relates to the last part of order (a) where mentioned the date of the 21 st
February 2024.
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4. It was brought to my attention that when the cost consultant on behalf of the
respondent(s) presented a bill for taxation, it was discovered that this matter has no
reserved cost of the 21 st February 2024.
5. The only reserved court order is the court order by Mthimkhulu AJ of the 21st
February 2023. The Taxing Master can thus only deal with the recorded reserved
cost order of the 21st February 2023.
6. The documents given to me indicate that the applicant's attorneys were contacted
about this error. I have no record of their response.
7. G iven that there was never a reserved costs order of the 21 st February 2024, there
was an error on my part to have granted the costs order of the 21 st February 2024
instead of the 21st February 2023.
8. As the court of the 20th May 2024 is the order referred to in section 165(5) of the
Constitution which binds all the affected parties , the way to revisit and vary it is in
terms of Rule 42(1)(b) of the Uniform Rules, hence this order.
9. There can be no prejudice to the applicant as it is common cause that the only
reserved costs is Mthimkulu AJ reserved costs order of the 21 st February 2023.
10. Court order (a) is varied as follows:
Order
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(a) The applicant is ordered to pay the respondents costs on attorney and client's
APPEARANCES
2024, including the costs of the 21st February 2023
LEDWABAAJ
ACTING JUDGE OF THE HIGH COURT,
POLOKWANE; LIMPOPO DIVISION
FOR THE APPLICANT : Adv M Bresler
INSTRUCTED BY: Ehlers Law Incorporated
Unit 7 Pro Park
29 Bender Drive
POLOKWANE
FOR THE RESPONDNETS : Adv M Snyman SC
Adv N Nortje
INSTRUCTED BY : ML Schoeman
C/O Rheeder Attorneys
56A Hoog Street
POLOKWANE
DATE OF VARIATION : 19 September 2025
DATE OF JUDGEMENT : 19 September 2025