Synopsis:
Application for leave to appeal the decision of the Supreme Court of Appeal on costs awarded against the applicant. The appeal fell to be decided on costs only even though the applicant sought leave to appeal the findings pertaining to his arrest and detention. The Court held that, in determining whether leave to appeal should be granted, the costs award which was the subject of the appeal was not a constitutional matter. The Court reached its conclusion based on the fact that throughout the litigation, no constitutional issues were raised by the applicant to warrant a determination of a costs order. Leave to appeal was refused.
Judgment: Nkabinde J (unanimous).
