Ferreira v Levin NO and Others; Vryenhoek and Others v Powell NO and Others (CT5/95) [1996] ZACC 27; 1996 (2) SA 621 (CC); 1996 (4) BCLR 441 (CC) (19 March 1996)

Ferreira v Levin NO and Others; Vryenhoek and Others v Powell NO and Others (CT5/95) [1996] ZACC 27; 1996 (2) SA 621 (CC); 1996 (4) BCLR 441 (CC) (19 March 1996)

The Constitutional Court held that although the applicants succeeded in having section 417(2)(b) of the Companies Act declared invalid to a limited extent, they did not achieve substantive success in their dispute with the respondents, as they remained obliged to answer self-incriminating questions. The respondents, while technically successful, were equally interested in obtaining a definitive ruling and did not critically oppose the referral. The Court found that the principles governing costs in constitutional litigation are flexible and must be adapted case by case. In this instance, justice and fairness required that all parties bear their own costs, aligning with Supreme Court...

Citation
[1996] ZACC 27
Parties
Applicant: Clive Ferreira; Respondent: Allan Levin NO; Respondent: Andrew David Wilkens; Respondent: Brian St Clair Cooper; Respondent: Schalk Willem Van Der Merwe NO; Respondent: The Master of the Supreme Court; Applicant: Ann Vryenhoek; Applicant: Luke John Vryenhoek; Applicant: Andrew Vryenhoek; Respondent: Oliver Powell NO; Respondent: JJ Brett NO; Respondent: Avfin Industrial Finance (Pty) Ltd
Court
Constitutional Court
Jurisdiction
South Africa
Judgment Date
19 March 1996
Case Number
CCT 5/95
Procedural Posture
Constitutional Application / Costs Determination Following Constitutional Invalidity Order
Outcome
All parties are ordered to pay their own costs.
Judges
Ackermann, Chaskalson, Mahomed, Didcott, Kriegler, Langa, Madala, Mokgoro, O'Regan, Sachs, Trengove
Legal Topics
Costs in Constitutional Litigation, Self Incrimination, Direct Access, Referral Procedure, Exclusive Jurisdiction
Constitutional Law Civil Procedure Costs in Constitutional Litigation Self Incrimination Direct Access Referral Procedure Exclusive Jurisdiction

Case Brief

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Parties

Clive Ferreira

Applicant

Allan Levin NO

Respondent

Andrew David Wilkens

Respondent

Brian St Clair Cooper

Respondent

Schalk Willem Van Der Merwe NO

Respondent

The Master of the Supreme Court

Respondent

Ann Vryenhoek

Applicant

Luke John Vryenhoek

Applicant

Andrew Vryenhoek

Applicant

Oliver Powell NO

Respondent

JJ Brett NO

Respondent

Avfin Industrial Finance (Pty) Ltd

Respondent

Procedural Posture

Constitutional Application / Costs Determination Following Constitutional Invalidity Order

Legal Issues

  1. 1 Whether the applicants are entitled to costs following partial success in constitutional litigation.
  2. 2 Whether the respondents are entitled to costs as the substantially successful parties.
  3. 3 What principles govern costs in constitutional litigation between private parties.

Ratio Decidendi

The Constitutional Court held that although the applicants succeeded in having section 417(2)(b) of the Companies Act declared invalid to a limited extent, they did not achieve substantive success in their dispute with the respondents, as they remained obliged to answer self-incriminating questions. The respondents, while technically successful, were equally interested in obtaining a definitive ruling and did not critically oppose the referral. The Court found that the principles governing costs in constitutional litigation are flexible and must be adapted case by case. In this instance, justice and fairness required that all parties bear their own costs, aligning with Supreme Court...

Court Disposition

All parties are ordered to pay their own costs.

Orders

  • All parties are to pay their own costs.
  • No explicit order is made regarding costs referred to in the judgment of the Full Bench of the Witwatersrand Local Division; those costs will follow the order made by this Court.