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Summary: Costs – Award – General Principles – costs follow the result – if the government loses in litigation between the government and a private party seeking to assert a constitutional right it should pay the costs of the private party – Whether a full court misdirected itself in not applying these general principles in its award of costs.
ORDER
On appeal from: Free State Division of the High Court, Bloemfontein (Mbhele AJP, Reinders ADJP and Chesiwe J, sitting as court of appeal):
1. The appeal is upheld, and the first and second respondents are to pay the appellant’s costs of the appeal.
2. Paragraph 2 of the order of the full court is set aside and replaced with the following:
‘The first and second respondents are to pay the appellant’s costs of the appeal.’
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