19/06/2026
South African courts have discretion to award costs, but the scale on which costs are awarded matters enormously.
A party-and-party costs order — the most common — typically recovers only a portion of actual legal fees. An attorney-and-client costs order recovers more, but is reserved for cases where a court finds the opposing party's conduct warrants it.
Before you litigate, understand the costs implications fully. A successful outcome on the merits can still leave you significantly out of pocket.
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