ConCourt overturns another costs judgment

The Constitutional Court has again referenced its Biowatch judgment on the payment of costs in 2009 to relieve three university students of legal costs after losing two court cases, notes Legalbrief. Both the Eastern Cape High Court (Grahamstown) and the SCA had ordered the students pay Rhodes University’s costs in their application for leave to appeal an earlier judgment. A TimesLIVE report says Sian Ferguson‚ Yolanda Dyantyi and Simamkele Heleni were involved in student protests against the culture of rape and gender violence on campus in April last year. The university obtained an urgent interim interdict against the students‚ later ruled final by the High Court, which ordered each party to pay their own costs. However‚ the court later instructed the students to foot the legal bill when it dismissed an appeal bid‚ as did the SCA. In its judgment yesterday, penned by Acting Justice Jody Kollapen‚ the Constitutional Court said costs tended to obstruct access to the courts and justice. Kollapen said the Constitutional Court passed the Biowatch judgment in 2009‚ and observed the ‘chilling effect’ costs orders could have on parties seeking to assert their constitutional rights – even where they were unsuccessful. Kollapen said one needed to be careful not to create the perception that the students were being admonished with a costs order for seeking leave to appeal. The Socio Economic Rights Institute (Seri)‚ which represented the students‚ welcomed the judgment. ‘It does show that the Constitutional Court wants citizens to enforce their rights‚’ said Nomzamo Zondo‚ director of litigation at Seri.