TOP SOUTH AFRICAN COURT WARNS AGAINST ABUSE OF BIOWATCH PRINCIPLE
South Africa’s highest court has warned against abuse of the Biowatch principle, which says that parties taking public institutions to court never have to cover the State’s costs if the case relates to a genuine constitutional matter.
The Constitutional Court has upheld the High Court’s ruling of adverse costs against Lawyers for Human Rights after the organization took a number of government departments to court for what it described as “illegal search and arrest” operations.
The Constitutional Court took issue with the way Lawyers for Human Rights proceeded with their case involving a search and arrest operation in Johannesburg in May 2015.
The organization said the operation violated the Constitution and it then gave eight State respondents a day to respond to its urgent application.
The Court refused to overturn the adverse cost order by the High Court saying that the organization had not given any basis that the court had erred.
The Court also warned that the High Court had its own processes and had to look at the character of the litigation and the litigant’s conduct.
Lawyers for Human Rights will now have to abide by the High Court’s ruling of adverse costs.
Source: NAM NEWS NETWORK