Times Of Swaziland: Bheki Makhubu left with E9 000 lawyer's bill

Bheki Makhubu left with E9 000 lawyer's bill
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TIMES REPORTER on 15/03/2012 00:00:00


MBABANE - The Nation Magazine Editor, Bheki Makhubu has been charged a bill of
about E9 000 in wasted costs for lawyer Sipho Nkosi’s appearance in court on
Monday.
Following Nkosi’s award of wasted costs by Judge Mbutfo Mamba, Makhubu
yesterday received a E9 014.00 bill from Sipho Nkosi Attorneys.
These were alleged to be fees and disbursements incurred in the preparation and
attending the trial which did not continue on Monday.
Lawyer Nkosi was representing Titus Mlangeni who is suing the magazine for
alleged defamation.
The session lasted between 15 to 30 minutes.
Makhubu was cited in his capacity as the Editor of the Nation Magazine in the
case. It was alleged that the magazine published statements which were
defamatory to Mlangeni’s personal, social and professional life in its May
2010 publication.
The case had to be postponed after Makhubu told the court that he did not have
legal representation following the withdrawal of services by his lawyers from
Curie and Sibandze Attorneys.
Mamba held that Makhubu was not to blame for the postponement because his lawyer
had withdrawn at the last minute. Judge Mamba, in his ruling whether or not to
grant wasted costs, said Makhubu had made efforts to obtain legal
representation, but in vain as he had tried to consult two other attorneys and
was not successful. Judge Mamba however awarded Nkosi his wasted costs. The
notice of taxation is in possession of this publication. They were served to the
Nation Magazine yesterday and they have been given five days to indicate whether
or not they would be opposing them. He was fined E3 750 for Nkosi’s attendance
of court on Monday. He was also billed E4 500 for preparation of trial.
Makhubu, when contacted for comment said he felt the costs were unreasonably too
high.
"I do not know what to do, because at this time I do not even have a lawyer,"
Makhubu said.
The bill totalled to E8 405.00 for fees claimed and E609.00 as disbursement
claimed.
The Law Society of Swaziland General Secretary Simanga Mamba, when sought for
comment on when wasted costs were awarded said such costs was money awarded to
the attorney who was in court and ready to proceed with a case but the other
party was not ready.
"The costs are for the time spent in the preparation of the trial, attending
Court and the costs of travelling to court among other things," Mamba said.
He also said there was no fixed figure in relation to the amount of costs to be
charged but it depended on the interpretation and justification of the costs.
Above is a table showing the categories of lawyers in practice according to the
number of years in practice and their hourly rate. The table was compiled by the
Committee which was established to create a demarcation between junior and
senior attorneys and how each category is to charge a fee.
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Comments
There is just no way that one day's costs incurred as a result of a trial that
fails to take off can exceed E 9,000.00. The amount claimed shows that some
lawyers rip the public off. If this continues the legislature should intervene
by regulating the fees that lawyers charge.
Mar 15, 2012, 11:58 AM, Vaclav Havel