Dlwathi and Another v City of Ekhurhuleni Metropolitan Municipality (2026/017671) [2026] ZAGPJHC 133 (18 February 2026)

35 Reportability
Civil Procedure

Brief Summary

Civil Procedure — Striking off the roll — Costs — Court initially granting punitive costs order — Court recalling and substituting order with party and party costs — Correct application of costs scale in accordance with Practice Directive of the Division.

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[2026] ZAGPJHC 133
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Dlwathi and Another v City of Ekhurhuleni Metropolitan Municipality (2026/017671) [2026] ZAGPJHC 133 (18 February 2026)

REPUBLIC OF SOUTH AFRICA
IN THE HIGH COURT OF SOUTH AFRICA,
GAUTENG LOCAL DIVISION,
JOHANNESBURG
CASE
NO:
2026-017671
(1)
REPORTABLE:
NO
(2)
OF
INTEREST TO OTHER JUDGES: NO
18
February 2026
In the matter between:
ANNAH
DLWATHI:

First Applicant
STEVE
DLWATHI:

Second Applicant
CITY OF EKHURHULENI
METROPOLITAN
MUNICIPALITY

Respondent
JUDGMENT
MIA J:
[1]  On the 13 February 2026,
having heard the submissions of counsel, I granted an order as
follows:

The matter
is struck off the roll with costs on an attorney and clients scale
C.”
It is apparent that the order is
patently incorrect. The costs are punitive having regard to the
Practice Directive of this Division.
I recall the order for costs
handed down and replace it with the following order.
Order:
[1]  The matter I struck off the
roll with the applicant to pay the costs on the scale between party
and party and the fees
of counsel at scale C.
S C MIA
JUDGE OF THE HIGH COURT OF SOUTH
AFRICA
GAUTENG LOCAL DIVISION,
JOHANNESBURG
DELIVERED
:
This
judgment was handed down electronically by circulation to the
parties’ legal representatives by e mail and publication

on CaseLines.  The date and time for hand-down is deemed to be
10h00
on  18 February 2026.
Appearances:
On
behalf of the applicants
Adv S
Dlwathi
Instructed
by

Sibuyi Attorneys
Johannesburg
On behalf of the
respondents
Adv. Sithole
Instructed
by

Sikunyana Incorporated Attorneys
Johannesburg
Date of
hearing

13 February 2026
Date of
judgment                               18

February 2026