BACKGROUND INFORMATION
URGENT REQUEST FOR ASSISTANCE WITH PERSONAL COSTS ORDER
RE: COVID CARE ALLIANCE NPC & OTHERS v THE PRESIDENT OF THE REPUBLIC OF SOUTH AFRICA & OTHERS
High Court, Johannesburg | Case No. 2023-018918
This information is provided to explain, openly and transparently, the circumstances giving rise to the urgent request for donations towards the R134,680.38 personal costs liability presently faced by attorney Riekie Erasmus.
1. HOW DID THE COSTS ORDER ARISE?
In February 2023, three non-profit public-interest organisations urgently approached the High Court for constitutional relief concerning the COVID-19 vaccination of children, including issues of bodily integrity and the best interests of children.
Riekie Erasmus acted solely in her professional capacity as their attorney, was not personally a litigant and derived no personal or commercial benefit from the proceedings.
On 24 February 2023, the Honourable Mr Justice Wepener dismissed the urgent application and ordered, de bonis propriis, that Riekie personally pay the costs. Such an order is exceptional because it imposes the costs personally upon the legal practitioner, rather than upon the unsuccessful litigants.
2. WHY DID THE PERSONAL COSTS ORDER RAISE LEGAL CONCERNS?
The order was made ex tempore, with no written judgment subsequently made available explaining the factual or legal basis for imposing this exceptional personal liability upon Riekie.
When SAHPRA later sought to tax and recover the costs, extensive legal research was undertaken. Constitutional Court and other superior court authority confirms the exceptional nature of personal costs orders against legal practitioners and the need for a proper factual basis for such an order. Of particular concern, no recorded finding could be identified that Riekie had acted dishonestly, mala fide, recklessly, with gross negligence or in abuse of the Court's process.
Detailed representations were accordingly made to SAHPRA's attorneys requesting reconsideration before taxation and enforcement proceeded, but the request was unsuccessful.
3. WHY WAS AN APPEAL NOT PURSUED?
Following further legal research, an application for condonation and leave to appeal the personal costs order was considered and drafted, but ultimately not pursued due to the material litigation and further costs risks involved. Given the time elapsed since the original order, condonation and urgent interim relief would first have been required, with no certainty that such relief or leave to appeal would be granted.
An unsuccessful application could have resulted in a further adverse costs order, substantially increasing the personal financial burden already imposed upon Riekie. Proceeding therefore presented a disproportionate financial risk, and the fact that the proposed challenge was not pursued should not be understood as a concession that the legal concerns identified regarding the personal costs order were without merit.
4. WHERE DOES THE MATTER STAND NOW?
The costs were subsequently taxed and allowed in the amount of R134,680.38, payable within seven days. Riekie does not have the financial means to settle this substantial amount within that period and is therefore urgently seeking voluntary assistance towards meeting the personal costs liability.
This information is provided transparently so that anyone considering a contribution understands the circumstances giving rise to the request. The costs order remains an order of Court and has not been set aside on appeal.
Any contribution is entirely voluntary and sincerely appreciated, irrespective of the amount.
5. FURTHER INFORMATION
For any further queries or requests for additional information regarding this matter, please feel free to contact us at:
Financial enquiries:
Faan Oosthuizen
FAAN@stoptheshots.org.za | WhatsApp: 083 265 9395
Legal enquiries:
Riekie Erasmus
riekie@stoptheshots.org.za | Office: 074 179 3033
General enquiries:
Tessa Barnard
tessa.stopts@gmail.com
URGENT APPEAL – WE DESPERATELY NEED YOUR HELP !
COVID CARE ALLIANCE NPC v. THE PRESIDENT OF THE REPUBLIC
OF SOUTH AFRICA
CASE NUMBER: 2023-18918
It is with heavy hearts that we urgently appeal for your assistance.
The application brought by STOP THE SHOTS, aimed at protecting our children
against COVID-19 vaccination, was unfortunately dismissed, leaving Riekie
Erasmus facing a legal bill of R134 680.38, payable within just SEVEN (7) DAYS.
This matter was pursued with sincere conviction, believing wholeheartedly in
protecting our children. We now face an overwhelming financial burden that
cannot be met without your help.
Time is running out, and we humbly appeal to your compassion and generosity
for any donation, however small. Every contribution will make a difference.
From the bottom of our hearts, thank you for standing with us during this deeply
distressing time.
Any queries can be directed to Riekie or Dr. Faan.
BANKING DETAILS: Riekie Erasmus Trust, ABSA – Horison, Account number:
405 243 6251, Branch code: 632005
Payment reference: CCA3 Cost order
With heartfelt gratitude,
RIEKIE ERASMUS / DR FAAN OOSTHUIZEN
We will gladly provide any further information or clarification that may reasonably be required.
