National Road Traffic Act, 1996
R 385
Films and Publications Act, 1996 (Act No. 65 of 1996)RulesEnforcement Committee Rules, 2022Schedule 1Part 3 : Enforcement Committee ProceduresOffers to Settle27. Costs consequences following judgment |
| (1) | This regulation applies where a settlement offer is not accepted and upon judgment being handed down— |
| (a) | an applicant fails to obtain a judgment more advantageous than a respondent’s settlement offer; or |
| (b) | judgment against the respondent is at least as advantageous to the applicant as the proposals contained in an applicant’s settlement offer. |
| (2) | Where sub-rule 27 (1) of Schedule 1 applies, the Enforcement Committee shall, unless it considers it unjust to do so, order that any respondent who made the settlement offer, either alone or jointly with any other respondent, is entitled to— |
| (a) | costs from the date on which the relevant period expired; and |
| (b) | interest on those costs. |
| (3) | Where sub-rule 27 (1)(b) of Schedule 1 applies, the Enforcement Committee shall, unless it considers it unjust to do so, order that the applicant is entitled to— |
| (a) | interest on the whole or part of any sum of money (excluding interest) awarded, at a rate not exceeding 10% (ten percent) above base rate for some or all of the period starting with the date on which the relevant period expired; |
| (b) | costs on the indemnity basis from the date on which the relevant period expired; and |
| (c) | interest on those costs at a rate not exceeding 10% (ten percent) above base rate. |
| (4) | In considering whether it would be unjust to make the orders referred to in sub-rules 27 (1) and 27 (2) of Schedule 2, the Enforcement Committee shall take into account all the circumstances of the case including— |
| (a) | the terms of any settlement offer; |
| (b) | the stage in the proceedings when any settlement offer was made, including in particular how long before the substantive hearing of the claim started the offer was made; |
| (i) | the information available to the parties to the settlement offer at the time when the settlement offer was made; |
| (ii) | the conduct of the parties to the settlement offer with regard to the giving or refusal to give information for the purposes of enabling the settlement offer to be made or evaluated; and |
| (iii) | whether the offer was a genuine attempt to settle the proceedings. |
| (5) | Sub-rules 27 (2) and 27 (3) of Schedule 1 do not apply to a settlement offer— |
| (a) | which has been withdrawn; |
| (b) | which has been changed so that its terms are less advantageous to the offeree, where the offeree has beaten the less advantageous offer; or |
| (c) | made less than 21 (twenty-one) days before the substantive hearing of the claim, unless the Enforcement Committee has abridged the relevant period. |
