WebSep 26, 2024 · The Court substantiated its reasons for awarding costs with convincing detail.(52)[31] In Biowatch, this Court emphasised that in determining whether an adverse or punitive costs order against a private party in constitutional litigation is warranted, regard must be had to the conduct of the parties. WebThe Constitutional Court found that the form of Biowatch's request for information, although lacking in precision, did not warrant decisions made by the High Court with regard to costs. The reasoning of the High Court judge displayed a lack of appreciation of the constitutional dimensions of the suit.

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Web20. In Ferreira v Levin,11 O’Regan J described the courts’ “new” role in a constitutional democracy as follows: “This role requires that access to courts in constitutional matters should not be precluded by rules of standing developed in a different constitutional environment in which a different model of adjudication predominated. WebFeb 23, 2005 · In 2009 the South African Constitutional Court held that it is the state’s duty to cover costs of a successful applicant in constitutional litigation (para. 56). Given that … WebIn February 2009 the case was heard in the Constitutional Court by a full bench. Biowatch and Legal Resources Centre were joined by the Centre for Child Law, Lawyers for … simply health chiropractic rochester ny