In anticipation of trial, it is common practice for the defendant to place the plaintiff on risk by offering a tender in terms of r 34 of the Uniform Rules of Court. In considering an appropriate costs order, there are three salient factors that will guide the court in exercising its discretion:
the timing of the tender;
the time taken to consider and uplift or reject the tender (the spatium deliberandi); and
In 1990, when the last definitive guide for journalists was published in the form of Kelsey Stewart's 'Newspaperman's Guide to the Law' (Durban: Butterworths 1990), Nelson Mandela had just been released and emergency regulations were still in place. There were only four television channels available in South Africa and the internet was in its infancy.
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