Synopsis:
Unanimous judgment of Yacoob J. The liability of members of a local council for costs should not be determined according to common law rules that provide for personal liability for costs of people acting in a representative capacity if their actions are motivated by malice or amount to improper conduct. Instead, section 28(1)(b) of the Local Government: Municipal Structures Act 117 of 1998 applied to the case. This law exempts municipal councilors from, amongst other things, being liable to civil proceedings for anything that they have said in, produced before or submitted to the council.
