n Without Prejudice - Awarding costs orders in constitutional litigation : litigation

Volume 14, Issue 10
  • ISSN : 1681-178X



The Western Cape High Court in reaffirmed the general rules of costs in constitutional litigation between private parties and the state. First, that a successful private party be awarded his or her costs and an unsuccessful private party should not be ordered to pay the state's costs. Second, each party should bear its own costs where the state wins.

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