Security for costs in corporate litigation

Abstract

This principle is entrenched in the Bill of Rights. Section 34 of the Constitution of the Republic of South Africa Act 108 of 1996 provides that everyone has the right to have any dispute that can be resolved by the application of law decided in a fair public hearing before a court or, where appropriate, another independent and impartial tribunal or forum. The term `person' here includes juristic persons like companies and close corporations (s 8(2) and (4) of the Constitution; see also Michele Havenga `Corporations and the Right to Equality' (1999) 62 THRHR 495 at 495±497). There are a number of well-known common-law and statutory exceptions to the principle. Common-law exceptions include peregrine plaintiffs, persons intent on pursuing vexatious and reckless actions, and those who resort to proceedings that are an abuse of the process of the court (see, generally, Ecker v Dean 1938 AD 102 at 110)