CCT80/07

[2009] ZACC 14

2009 (6) SA 232 (CC)

2009 (10) BCLR 1014 (CC)

Sachs J

3 June 2009

http://hdl.handle.net/20.500.12144/3481

See earlier judgments: Trustees, Biowatch Trust v Registrar: Genetic Resources, and Others 2005 (4) SA 111 (T); and Trustees, Biowatch Trust v Registrar: Genetic Resources, and Others, Case number A831/2005, North Gauteng High Court, Pretoria, 6 November 2007, unreported.

Dealing with costs awards in constitutional litigation. Sachs J, noted that appellate courts are reluctant to interfere with the exercise of discretion in relation to costs awards, the more so when the appeal was based solely on questions of costs. High Court had misdirected itself in not giving appropriate attention to the fact that this was a matter regarding the vindication of constitutional rights. The general rule in constitutional litigation is that an unsuccessful litigant in proceedings against the state ought not to be ordered to pay costs, unless the application is frivolous or vexatious or in any other way manifestly inappropriate. Biowatch was substantially successful. The governmental authorities were ordered to pay Biowatch's costs.