Costs issue in constitutional cases

The question of when a court will award legal costs in a constitutional case is settled law in South Africa, but in a number of other African countries with new constitutions, the issue is still unresolved. Latest to decide the question is Uganda. Seven judges of that country’s Supreme Court recently considered the matter in a case brought by a high-profile political activist. As legal journalist Carmel Rickard writes in her A Matter of Justice column on the Legalbrief site, Muwanga Kivumbi was successful in challenging far-reaching, restrictive powers given to the police under the Police Act. But while Constitutional Court in Uganda was clear that the powers were unconstitutional, they were less clear about whether they intended Kivumbi to be awarded legal costs. Eventually he had to go back to court to challenge what appeared to be a decision that he not be awarded costs. This time the court was unanimous – and clear: he should get his costs.