The Constitutional Court on Thursday set aside an order of the high court in Johannesburg that ordered three officials who were not before court to bear the legal costs from their own pockets. In the main order passed in September 2014‚ the court held that the Gauteng health MEC Qedani Mahlangu was liable for 100% of a woman’s damages‚ arising out of the wrongful birth of her son at a state hospital in 2000.The woman had instituted a damages claim in the high court‚ arising from medical negligence at the hands of officials in the employ of the MEC.The high court held that the MEC was liable for the woman’s damages and ordered the MEC to pay costs of the action on an attorney and client scale.The court also ordered the MEC to show cause on 28 October 2014 why she should not be liable for the costs from her own pocket.It also directed her‚ in the alternative and if she held the view that she should not be held liable personally for the costs‚ that she should identify persons in her department who should be held personally liable for the costs.In compliance with the order‚ the MEC filed an affidavit in which she said two people in her department were authorised to take decisions on whether to defend actions brought against the department.However‚ the MEC did not identify persons who should be held liable.Despite this‚ the high court in November ordered the two and a state attorney to pay out of their own pockets 50 per cent of the costs which the court had‚ on 16 October 2014‚ ordered the MEC to pay.“This was irregular for a number of reasons. These officials were not at any stage joined as parties to the matter‚” Justice Jafta said in a unanimous judgment by the Constitutional Court.Jafta said another principle breached was that without notice and opportunity to make representations‚ the high court punished the three officials.“It is a fundamental principle of our law that no one should be condemned without a hearing. This is part of the rule of law which is foundational to our constitutional order...