CCT187/17

[2017] ZACC 39

2018 (1) BCLR 1 (CC)

Kollapen AJ

7 November 2017

http://hdl.handle.net/20.500.12144/34576

Application for leave to appeal against an order of the Supreme Court of Appeal on 2 July 2017 which refused leave to appeal against an order of the Grahamstown High Court: Rhodes University v Student Representative Council of Rhodes University and Others (1937/2016) [2016] ZAECGHC 141; [2017] 1 All SA 617 (ECG) (1 December 2016). The leave to appeal judgment is: Students Representative Council of Rhodes University and Others v Rhodes University (Concerned staff at Rhodes University Intervening) (1937/2016) [2017] ZAECGHC 117 (24 March 2017).

Right to freedom of expression — Right to assembly, demonstration, picket and petition. Remedial powers of the Constitutional Court — Exercise of judicial discretion in awarding costs — Instances in which an appeal court may interfere with a discretionary order — Application of the Biowatch principle on costs — Failure to exercise discretion judicially in the constitutional context.