Public interest litigation threatened by costs order, court told
Publish date: 24 April 2007
Issue Number: 7
Diary: Legalbrief Environmental
Category: General
In a case being closely-watched by environmental groups around SA, a full Bench of the Pretoria High Court was told yesterday (Monday) that the awarding of a costs order against non-governmental organisation Biowatch could have a deterrent effect on future public interest litigation.
Biowatch was appealing against a court order that it should pay genetically modified crops company Monsanto SAs legal costs. A Business Day report says the costs order arose out of Biowatch Trusts successful application to the Pretoria High Court for the Minister of Agriculture and the Registrar of General Resources to provide information which would shed light on the basis for decisions about permitting genetically modified crops in SA. Monsanto SA, a producer of genetically modified food, joined the court proceedings to oppose the application by Biowatch in 2003. The case was heard in 2004. If the costs order stands, notes a Cape Argus report, the environmental group could effectively be bankrupted, and similar groups would be wary of going to court in future, even if they believe they have a watertight case to argue. Full Business Day report Full Cape Argus report
