Synopsis:
Application in terms of Rule 42 of the Uniform Rules of Court for a variation of the costs order granted in Glenister v President of the Republic of South Africa ([2011] ZACC 6; 2011 (3) SA 347 (CC); 2011 (7) BCLR 651 (CC)) (Glenister II) on 17 March 2011. The applicant contended that, while the costs for the expert witness were requested, the order in Glenister II erroneously omitted the qualifying fees of the expert witness. The Court held that, in Glenister II, it was tasked with determining the constitutional validity of impugned statutes, a determination which is well within its competence. No reliance was placed on the expert witness in reaching its conclusion because the expert’s testimony was of no appreciable help in deciding the issues. There was therefore no reason to include the qualifying costs of an expert. The application was dismissed with no order as to costs.
Judgment of the Court: (Mogoeng CJ, Moseneke DCJ, Bosielo AJ, Froneman J, Jafta J, Khampepe J, Mhlantla AJ, Nkabinde J, Skweyiya J, and Zondo J).
