First Schedule
Second Schedule
Court fees
(1) | For every power of attorney to sue or defend | M 3.00 |
(2) | For every summons | M10.00 |
(3) | For every declaration, plea or other pleading | M 5.00 |
(4) | For every petition or notice of motion | M10.00 |
(5) | For every copy of any record or part thereof made by a court officialThe Registrar may accept such fees in cash | 30 cents for every page of 150 words or less |
(6) | For every notice other than a notice of motion or of appeal | M 3.00 |
(7) | For every subpoena of 4 witnesses of less | M 5.00 |
(8) | For every annexure, other than an original affidavit to a summons, pleading petition or notice of motion | M 0.50 |
(9) | For every original affidavit | M 1.00 |
(10) | For every annexure to one original affidavit | 50 Cents |
(11) | For every liquid document upon which provisional sentence is prayed | M 3.00 |
(12) | For every writ | M 4.00 |
(13) | For every recognition or bond of security for restitution (other than recognisance in a criminal matter) | M 5.00 |
(14) | For every document exhibited or admitted or filed of record | 30 cents |
(15) | Request for a copy of any record or part thereof, if made by an official of the court | 30 cents for every page of 150 words or less |
(16) | For certifying any document as a true copy | a minimum of 80 cents otherwise 20 cents for each folio |
(17) | For every decree, order or other rule of court | M10.00 |
(18) | For every certificate made under the hand of the Registrar, other than a certified copy | M 2.00 |
(19) | For every application to search for any entry or document on a record |
(a) If the number of the record is given | 50 cents |
(b) If the number of the record is not given, for every week required to be searched | 50 cents |
(20) | For all Bill of costs, one per cent of the amount allowed |
(21) | For notice of appeal from a subordinate or Judicial Commissioner’s court | M10.00 |
Third Schedule
Tariff for Sheriff and Deputy-sheriffs
1. | For service of any summons petition together with notice of motion or notice of set down, notices, orders, or any other documentsProvided that the fee for service shall be payable, although the summons or other process as above stated shall not have been actually served, if the sheriff, shall be satisfied that reasonable attempts to effect service at the appointed place have been made and that the failure was due to any want of diligence on the part of the deputy-sheriff charged with the duty of effecting service.Provided further that when any document to be served with any process is mentioned in the process no fee shall be charged for the service of such document, otherwise the fee of M2.00 may be allowed in respect of each separate document served except in respect of criminal cases. Provided further that an attempted service of more than one document on the same person shall be considered as an attempt service of one document only. | M 2.00 |
2. | Travelling allowance.(a)For the distance travelled reckoned from the office of the sheriff or deputy-sheriff (as the case may be) both on the forward and return journey per kilometre or fraction of a kilometre 20 cents except in the case of service of a criminal process when it shall be ten cents per kilometre or fraction thereof.(b)Whenever it is found necessary for the deputy-sheriff to take an officer with him on any journey, 10 cents per kilometre shall be allowed for such officer.(c)The above allowance may be charged only if the deputy-sheriff or his officer actually travels the full distance. If process is sent by post any part of the distance, postage only will be allowed for such part, who is not to effect service, and therefore cannot be regarded as competent to do so, travelling allowance at the rate of six cents per kilometre may be charged.(d)When two or more summonses or other process, whether at the instance of the same plaintiff or of different plaintiffs shall have been or, in the opinion of the sheriff or taxing officer, should have been served on one and the same journey, the travelling allowance for performing the different services shall be equitably aportioned among the several cases, regard being had to the distances at which the parties against whom such processes are directed respectively reside. The fee for service shall, however, be payable for each service made or attempted to be made.(e)The above travelling allowances shall not be payable in cases where service is to be executed three kilometres or less from the office of the deputy-sheriff. |
3. | (a) | Postage in civil matters. | As per postal tariff |
| (b) | Postage in criminal matters. | Free. |
4. | | For taking inventory and copy for defendant for each hundred words or portion) | M 1.00 |
5. | | For making copy of inventory for sheriff for each hundred words or portion thereof) | M 0.20 |
6. | | For drawing advertisement of sale of goods attached) | M 1.50 |
7. | (a) | When a writ is paid on presentation, one per cent on the amount of the writ with a minimum fee of | M 4.00 |
(b) | When a writ is withdrawn by the judgment creditor or the judgment debtor’s estate is placed under sequestration before any movable property is attached | M 4.00 |
(c) | When a writ is withdrawn by the judgment creditor after movable property has been attached but before sale or if after such attachment before sale the debtor’s estate is placed under sequestration, 2½ per cent on the value of the property attached subject however to the provision that commission shall not in any case exceed the amount directed by the writ to be recovered. |
(d) | When a writ is paid by the judgment debtor to the deputy-sheriff after movable property has been attached but before sale, three per cent on the amount so paid. |
(e) | After sale in execution(i)for the first two hundred rands or less than that amount, five per cent of the amount.(ii)for every subsequent two hundred rands or less than such, four per cent of the amount. |
(f) | Commission shall not in any case be allowed on the value of movable property attached, but subsequently claimed by a person other than the judgment debtor and released in consequence of such claim, unless such property has been attached on the express direction of the judgment creditor. |
8. | For keeping possession of property attached:— |
(a) | for each officer (not exceeding two in number) necessarily left in possession | M1.50 per day |
(b) | For removal and storage, the reasonable and necessary expenses of such removal and storage; and if an animal has to be stabled and fed, the reasonable expenses of such stabling and storage. |
(c) | For herding and preserving livestock, the reasonable and necessary expenses of herding and preserving such stock. |
(d) | Disbursements as above will be allowed only when actually and reasonably made, and on production of receipts therefor when such receipts are obtainable. |
(e) | When no officer is left in possession, and no security bond is taken, but the movable property attached remains under the supervision of the deputy-sheriff | M 0.50 per day |
(f) | A deputy-sheriff may insure movable property attached if it is necessary and he is authorized in writing by the judgment creditor to do so, and for effecting such insurance, he shall be allowed a fee of three rands in addition to the premium paid. |
9. | Execution of writ against immovable property. |
(a) | for execution, including service of notice of attachment upon the owner of the immovable property and upon the registrar of deeds or other officer charged with the registration of such property | M 6.00 |
(b) | for notice of attachment to a single lessee or occupier of the property | M 2.00 |
| If however there are several lessees or occupiers for identical notices of attachment | M 0.50 for each |
(c) | For notice of attachment to a headman or chief (if any) having jurisdiction in respect of the property | M 2.00 |
(d) | For making a valuation or report for the purposes of sale a minimum of M10.00 otherwise | M5.00 per hour. |
(e) | When a deputy-sheriff has been authorized to sell property and the property is not sold by reason of the fact that the attachment is withdrawn or stayed | M 5.00 |
(f) | The necessary notice for the withdrawal of any attachment for the first notice | M 2.00 |
| For other identical notices each | M 0.50 |
(g) | For ascertaining and recording what bonds or other encubrances and of the names and addresses of the persons in whose favour such bonds and encumbrances are so registered, including any correspondence in connection therewith | M10.00 |
(h) | For notifying the execution creditor of such bonds or encumbrance’s and of the names and addresses of the persons in whom such bonds or encumbrances are registered | M 1.00 |
(i) | For consideration of the proof that the execution creditor has complied with the requirements of sub-rule (5) of Rule 47 | M 1.50 |
(j) | For each notice referred to in sub-rule (6) of Rule 47 | M 1.00 |
(k) | For consideration of the notice of sale prepared by the execution creditor in consultation with the deputy-sheriff | M 4.00 |
(l) | For verifying that the notice of sale has been published in the Gazette and newspaper | M 1.50 |
(m) | For affixing a copy of the notice of sale on the notice board of the Subordinate Court referred to in terms of sub-rule (7) of Rule 47 | M 2.00 |
(n) | For considering the conditions of sale | M 4.00 |
(o) | On the sale of immovable property by the deputy-sheriff as auctioneer 2½ per cent of the proceeds of the sale with a minimum of | M25.00 |
(p) | For any report referred to in sub-rule 47 | M 5.00 |
(q) | For giving transfer to the purchaser | M 2.00 |
(r) | For preparing a plan of distribution of the proceeds(including necessary copies) and for forwarding a copy to the Registrar | M12.50 |
(s) | For giving notice to all parties who have lodged writs and to the execution debtor that the plan will lie for inspection — for each notice | M1.00 |
(t) | For request to the magistrate or Registrar to pay out in accordance with the plan of distribution | M1.00 |
10. | (a) | For the execution of a writ of personal arrest including conveying defendant to court and to the attorneys office or to prison, for each person | M10.00 |
(b) | For conveying defendant to court from place of custody on a day subsequent to the day of arrest and for attending at court, for each hour M5.00 with a minimum fee of | R15.00 |
(c) | For execution of a writ for attachment of property tofound or confirm jurisdiction | M 7.00 |
(d) | For the execution of a writ of ejectment M5.00 per hour with a minimum fee of | M15.00 |
| The above fee is in addition to reasonable expenses incurred by the deputy-sheriff |
11. | For any service performed by the deputy-sheriff which are not otherwise specified in this schedule a reasonable fee for such services shall be determined by the sheriff in consultation with the taxing master of the court. |
Fourth Schedule
Tariff of fees for advocates
In this Schedule "Senior Counsel" means a King’s counsel or senior counsel appointed as such by His Majesty the King of Lesotho or a Queen’s counsel appointed as such by Her Majesty Queen Elizabeth II in Great Britain or in any portion of the British Commonwealth or in South Africa or a senior counsel appointed as such by the President of the Republic of South Africa, provided that in all cases the counsel is admitted to practice in the High Court of Lesotho—The following shall be the fees allowed for advocates on a party and party basis. | Senior counsel | Junior counsel |
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1. | Motions unopposed and applications for Provisional sentence unopposed | M25 to M75 | M17.50 to M200 |
2. | Motions opposed (including Provisional) sentence, Reviews and arguments on pleadings including exceptions | M120 to M300 | M80 to M200.00 |
3. | Consultations to settle affidavits stated cases and on trial and to receive advice on litigation or in the course of litigation | M50 | M35 |
4. | Settling of notice of motion or affidavits. | M75 | M50 |
5. | Appearances in court. |
(a) | First day of hearing |
| (i) opposed applications | M150 | M100 |
| (ii) exceptions or motions to strike out | M150 | M100 |
| (iii) stated cases | M150 | M100 |
| (iv) Trials | M200 to M400 | M150 to M300 |
| (v) Appeals or Reviews from Subordinate Courts | M150 to M300 | M100 to M200 |
| (vi) Appeals from judicial Commissioner | M150 to M300 | M100 to M200 |
| (viii) Review Proceedings from Subordinate or other courts or from tribunals | M150 to M300 | M100 to M200 |
(b) | Subsequent days | Two-thirds the amount allowed on the First day for each day |
(c) | Term Refresher | Two-thirds the amount allowed for the first day of trial or hearing. |
(d) | Nothing Judgment | M15.00 | M10.00 |
| (i) (with no argument on any matter | | |
| (ii) (with argument as to costs or other matter | M30.00 | M20.00 |
(e) | Application for leave to appeal | as on opposed motion |
(f) | Postponement previously arranged | M15.00 | M35.00 |
(g) | Postponement opposed | as on an opposed motion | |
(4) | Drawing Pleadings |
| (i) other than replication or Rejoinder | M50.00 | M35.00 |
| (ii) Replication, Rejoinder | M30.00 | M20.00 |
5. | Advice on Evidence | M50.00 to M35.00 to M70 |
6. | All consultations other than those referred to above | M50 per hour | M35 per hour |
7. | Drawing Exceptions, application to strike out etc. | M50.00 | M35.00 |
8. | Settling Summons | M30.00 | M20.00 |
9. | Settling Stated case | M75.00 | M50.00 |
Travelling and subsistence allowance
(1)A travelling allowance for advocates shall be allowed at the rate of 20 cents per kilometer where the advocate travels by a car to court.(2)A subsistance allowance for advocates shall be allowed at the rate of ten rands per night for every night it is necessary for the advocate to, remain at the place where the court-house is situated for the hearing of any appeal, cause or other matter.Fifth Schedule
Tariff of fees for attorneys
A – Taking instructions
1. | To institute or defend any proceedings | M3.00 to M50.00 |
2. | For advice on evidence or on commission | M2.00 to M20.00 |
3. | For case on opinion or for counsel’s or for counsel's guidance in preparing pleadings, including exceptions a fee equivalent to the fee allowed under item I of Section D for drafting the document. | |
4. | For statement of witnesses | M2.00 to M20.00 |
5. | To set down cause, issue subpoena or writ or any other single document | M1.00 |
6. | To draft a petition or affidavit; a fee equivalent to one-half of the fee allowed under item 6 of Section D. for drafting the document, provided that in cases where no petition or affidavit is actually drawn, the taxing master shall allow a fee in his discretion but not less than | M3.00 |
7. | To note an appeal | M3.00 |
8. | To prosecute or defend an appeal (exclusive of perusal of the record) | M2.00 to M20.00 |
B – Attendance and perusal
1. | Attending the review of, perusing and considering— |
(a) | any summons, petition, affidavit, pleading, counsel’s advice and drafts, report and important notice per folio for the first ten folios | M1.00 |
And thereafter per folio | M0.50 |
(b) | Any letter, record or any material document not elsewhere specified, per folio | M0.50 |
(with a minimum fee of | M1.00. |
2. | Attending the receipt of and considering any plan or exhibit or other material document in respect of which the basis of remuneration in item 1 of this section cannot be applied | M1.00 to M15.00 |
3. | Making searches in offices of record per half hour or part thereof) | M2.50 |
4. | Sorting out, arranging and paginating papers for pleading, advice on evidence or brief on trial per half hour or part thereof) | M2.50 |
5. | Attending to give or take disclosure, per half hour or part thereof) | M2.50 |
6. | Attending on client to obtain particulars of his claim and to settle same) | M2.50 |
7. | Attending to bespeak and thereafter to procure translation) | M2.50 |
8. | Other attendances, including telephone calls other than formal telephone calls per half hour or part thereof) | M2.50 |
C – Attendance — Formal
1. | To serve or deliver (other than by post) any necessary document or letter, or dispatch any telegram | M1.00 |
2. | To sue out any process or file any document) | M1.00 |
3. | To set down causes for trial) | M1.00 |
4. | To search for any return or appearance) | M1.00 |
5. | On receipt of notice of appearance | M1.00 |
6. | On counsel, e.g. with brief or to make appointment | M1.00 |
7. | On signature of powers of attorney to sue or defend) | M1.00 |
8. | On Jurat | M1.00 |
9. | Attending receipt of a formal acknowledgment) | M1.00 |
10. | Other formal attendances, including telephone calls) | M1.00 |
D – Drafting and drawing
1. | Drafting instructions for case on opinion, for counsel’s guidance in preparing pleadings (including further particulars and requests for same); including exceptions per folio | M1.00 |
2. | Drafting instructions to counsel for advice on evidence, for brief on trial or on commission per folio | M1.00 |
3. | Drafting instructions to counsel for argument in respect of all cases of pleading, exception or on motion, petition or appeal per folio | M1.00 |
4. | Drafting statements of witnesses per folio | M1.00 |
5. | Drawing subpoenas, powers of attorney to sue or defend formal notices per folio | M1.00 |
6. | Drawing a petition, affidavit, any notice except formal notice, summons, further particulars and request for same, writs of execution, arrest or attachment and any other important document not otherwise provided for per folio (for the first twenty folios) | M2.00 |
And thereafter, at per folio | M1.00 |
(Provided that the minimum charge under this item for drafting a summons, petition or affidavit shall be ten rands save that the minimum charge shall not apply in the case of a formal affidavit of non return in restitution suits, verifying affidavits, affidavits of service and other formal affidavits | |
7. | Letter or telegram | M1.00 |
8. | Drawing index to brief per folio | M0.75 |
9. | Drawing short brief | M1.00 |
Note 1Note 2E – Appearance, conference and inspection
1. | Attendance by attorney in court or before a Judge in Chambers or before an arbitrator, commissioner, referee or at an inspection directed by the court— |
If counsel employed | M10.00 per hour or part thereof |
If counsel not employed | M12.50 per hour or part thereof |
The above rate of remuneration shall not be applicable in respect of the time spent in travelling or waiting, but the taxing master shall, in respect of time necessarily so spent, allow such additional remuneration not exceeding thirty rands per day as he, in his discretion, may deem fair and reasonable amount, and he shall also allow a reasonable amount to cover the cost of necessary conveyance. |
2. | Attendance aforesaid of attorney’s articled clerk— |
If counsel employed | M3.00 per hour |
If counsel not employed | M5.00 per hour |
When assisting attorney | M6.50 per hour. |
3. | Any conference or consultation with counsel with or without witnesses and on pleadings including exceptions and particulars to pleadings, applications, petitions, affidavits, testimony and on any other matter which the taxing master may consider necessary— | per half hour or part thereof M5.00. |
4. | Any conference or consultation with client, witness, opposite party, and any other conference or consultation which the taxing master may consider necessary— | per half hour or part thereof M5.00 |
5 | Any inspection in situ, or otherwise provided that the above rate of remuneration shall not be applicable in respect of time spent in travelling, but the taxing master shall, in respect of time necessarily so spent, allow additional remuneration not exceeding thirty rands per day, and he shall also allow a reasonable amount to cover the costs of necessary conveyance. | M10.00 per hour or part thereof |
6. | Evidence:— Such just and reasonable charges and expenses as may in the opinion of the taxing master, have been properly incurred in procuring the evidence and attendance of witnesses whose fees have been allowed on taxation, provided that the qualifying expenses of a witness shall not be allowed, unless there is an order of court that such shall be allowed. |
F – Miscellaneous
1. | Briefing and copying: For making copies for the court, for counsel or for attorney, or for service or for any necessary purpose, the charge shall be for the first copy at the rate of 30 cents per folio, including the first copy of any document drafted in respect of which a charge is reasonable under items 1, 2, 3, 4, 6 and 8 of Section D of this tariff, and for all other copies 20 cents per folio. |
2. | Drawing insolvency schedules, including petition, affidavits and relative attendance | M10.00 to M40.00 |
Each necessary copy (the charge provided in item I of this section) | |
3. | For giving a verbal or written opinion (as between attorney and client) | M5.00 to M40.00 |
4. | General, inclusive fee for consultation and discussions with client and for counsel on trial — not otherwise provided for or separately charged | M5.00 to M40.00 |
G – Bill of costs
In connection with a bill of costs for work done or services rendered by an attorney, such attorney shall be entitled to charge:—(1)For drawing the bill of costs, making the necessary copies, and attending settlement, five per cent on the first three hundred rands or portion thereof, two and a half per cent on the second two hundred rands or portion thereof and one per cent on the amount in excess of five hundred rands of the amount of the attorney’s fees, either as charged in the bill if not taxed or as allowed on taxation: and in addition thereto, if course is had to taxation:—(2)For arranging and attending taxation, five per cent on the first three hundred or portion thereof, and two and a half per cent on the second two hundred rands or portion thereof, and one and a half per cent on the amount in excees of five hundred rands of the fees allowed. Provided that if more than twenty-five per cent of the fees is taxed off this fee shall be disallowed.H – Counsel’s fees
See the Fourth Schedule supra as to reasonable fees to counsel to be allowed on a Party and Party basis.I – Travelling and subsistance allowance
1.A travelling allowance for attorneys shall be allowed at the rate of twenty cents per kilometer where the attorney travels to court by car.2.A subsistance allowance for attorneys shall be allowed at the rate of ten rands for every night it is necessary for the attorney employed to remain at the place where the court-house is situated for the hearing of any appeal, cause or matter.J
Where an attorney does any work which, but for the provisions of Section 33 of the Legal Practitioners Act 1967, could only be done by an advocate, he shall be entitled to charge the fees for Advocates, but, he shall not be entitled to charge fees as an attorney in addition to fees as an advocate in respect of the same appearance.