State Attorney Act, 1957 (Act No. 56 of 1957)6. Recovery of costs when work performed at offices of State Attorney |
| (1) | In every application, motion, action, suit or other legal proceedings of a civil nature in or before any court in or in connection with which the State Attorney, or any person employed in an office of State Attorney and admitted and entitled to practise as aforesaid, has appeared, or in any matter wherein he or any such person has acted in the performance of any of the said functions, fees and costs may be taxed and recovered in the same manner as if such functions had been performed by a practitioner in private practice. |
[Subsection (1) substituted by section 5 of Act No. 13 of 2014]
| (2) | Notwithstanding anything to the contrary in any law, such fees and costs shall in the case of any such application, motion, action, suit or other legal proceedings include the amount of any fee of office which would have been payable and borne by the Government of the Republic (including any administration referred to in subsection (2) of section three) in respect of any document filed, lodged, registered or issued by a State Attorney or by any person employed in an office of State Attorney, if such document were not exempt from such fee under the provisions of any law. |
[Subsection (2) substituted by section 5 of Act No. 13 of 2014]
| (3) | Notwithstanding anything to the contrary in any law but subject to the provisions of subsection (2), any document filed, lodged, registered or issued by a State Attorney or by any person employed an office of State Attorney shall not be subject to any fee of office: Provided that any such fee which would but for this subsection be legally payable and borne otherwise than by the Government of the Republic (including any administration referred to in subsection (2) of section three), may be recovered from the person concerned by a State Attorney or by any person employed in an office of State Attorney. |
[Subsection (3) substituted by section 5 of Act No. 13 of 2014]
| (4) | Any duty, fees and costs recovered shall be paid into the Consolidated Revenue Fund. |
[Subsection (4) inserted by section 36 of Act No. 93 of 1962]