Public Works & Infrastructure Minister Dean Macpherson welcomed the Western Cape High Court judgment on Tuesday dismissing applications brought by the Liberty Fighters Network and Mr Reyno De Beer, after the court found the litigation was “manifestly without merit”, pursued for “improper purposes”, and amounted to “an abuse of the court’s processes”.
The court found that the applications were not brought for a legitimate purpose, but were pursued for “an ulterior purpose: to delay the main proceedings and to harass the Minister”, following the Minister’s affidavit in the constitutional challenge to the Expropriation Act.
The Minister said the judgment is an important defence of the integrity of South Africa’s courts, confirming that public-interest litigation and civic activism cannot be used as cover for baseless attacks on the judiciary, delay tactics, or the misuse of court processes at taxpayers’ expense.
The Minister of Public Works & Infrastructure, Dean Macpherson, welcomed the judgment delivered by the Western Cape High Court on Tuesday, which strongly rebuked the Liberty Fighters Network and Mr Reyno De Beer for pursuing litigation the court found was “manifestly without merit”, brought for “improper purposes”, and amounted to “an abuse of the court’s processes and a drain on public resources”. The court dismissed their applications and ordered Mr De Beer to personally pay the Department’s legal costs on a punitive attorney-and-client scale.
The applications originated from the main proceedings concerning the constitutionality of the Expropriation Act, in which the Minister abides by the decision of the Court and filed explanatory affidavits to assist the court. Instead of engaging with the substance of the Minister’s affidavits, Mr De Beer and the Liberty Fighters Network launched successive technical applications aimed at attacking the form of the affidavit and, later, a confirmatory affidavit.
The court rejected these applications, finding that they had “no reasonable prospect of success” and were “not only without merit but were pursued for an ulterior purpose: to delay the main proceedings and to harass the Minister”. Importantly, the court found that “the real motivation appears to have been the applicants’ displeasure at the Minister’s explanatory affidavits, which referred to previous judgments critical of Mr De Beer’s similar conduct in other litigation matters”.
The judgment further noted a history of similar conduct by the applicants and found that their behaviour formed part of a pattern of vexatious litigation. The court held that “despite the repeated warnings from the courts, the applicants have persisted” and that this pattern of behaviour “is not merely regrettable; it is an abuse of the court’s processes and a drain on public resources.” The court further found that “there is no reason why the public should bear the costs of litigation that is manifestly without merit and pursued for improper purposes”.
Minister Macpherson said: “This judgment is a victory for the integrity of our courts and for the principle that court processes must be respected, not abused. No person or organisation has the right to use the courts as a stage for intimidation or baseless attacks on the judiciary or the executive. The right to approach a court is fundamental in our democracy, but it comes with a responsibility to act honestly, properly, and with respect for the proper administration of justice.”
“Mr De Beer and the Liberty Fighters Network publicly claimed that they were acting to protect constitutional principles and raised baseless allegations of being bullied by the threat of costs. The court has now made clear that this was not a legitimate fight over substance. In the court’s own words, the applications were pursued for ‘an ulterior purpose: to delay the main proceedings and to harass the Minister’, while placing an unnecessary burden on the courts and the public.”
Minister Macpherson also welcomed the court’s finding that Mr De Beer should be held personally liable for punitive costs, given that he was the driving force behind the litigation and had acted on behalf of the Liberty Fighters Network despite not being an admitted legal practitioner.
“The court correctly found that taxpayers should not be forced to carry the cost of litigation that is manifestly without merit. The Department is funded by the public, and every rand spent defending baseless court processes is a rand that could otherwise be used to deliver services, fix public buildings, and strengthen infrastructure delivery.
This punitive personal costs order sends an important message: civic activism and public-interest litigation have an important place in our democracy, but cannot be used as cover for abuse, delay, or attacks on the judiciary or the executive. Our courts must remain places where genuine bona fide disputes are resolved fairly, not arenas for theatrics and obstruction.”
Enquiries:
James de Villiers
Spokesperson to Minister Macpherson Cell: 082 766 027
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