Malachi v Cape Dance Academy International (Pty) Ltd and Others (CCT 05/10) [2010] ZACC 24; 2011 (3) BCLR 276 (CC) (25 November 2010)

Malachi v Cape Dance Academy International (Pty) Ltd and Others (CCT 05/10) [2010] ZACC 24; 2011 (3) BCLR 276 (CC) (25 November 2010)

The Constitutional Court held that it would not be just and equitable for the employers to be required to pay any of the applicant's costs, as they did not oppose the constitutional challenge and agreed to the applicant's release. The Minister for Justice and Constitutional Development, as the party responsible for ensuring statutory compliance with the Constitution, should bear the costs of litigation challenging the constitutionality of statutory provisions. The application for condonation for the late filing of the employers' representations was granted, the provisional order for costs was discharged, and the Minister was ordered to pay the applicant's costs in the Constitutional Court.

Citation
[2010] ZACC 24
Parties
Applicant: Tatiana Malachi; Respondent: Cape Dance Academy International (Pty) Ltd; Respondent: House of Rasputin Properties (Pty) Ltd; Respondent: Additional Magistrate, District of Cape Town; Respondent: Minister for Justice and Constitutional Development; Respondent: Minister for Home Affairs; Respondent: Commanding Officer, Pollsmoor Prison
Court
Constitutional Court
Jurisdiction
South Africa
Judgment Date
25 November 2010
Case Number
CCT 05/10
Procedural Posture
Constitutional Application / Final Determination of Costs Following Provisional Order and Written Representations
Outcome
The application for condonation is granted; the provisional order for costs is discharged; the Minister for Justice and Constitutional Development is ordered to pay the applicant's costs in this Court.
Judges
Mogoeng, Ngcobo, Moseneke, Cameron, Froneman, Jafta, Khampepe, Nkabinde, Skweyiya, Yacoob
Legal Topics
Costs in Constitutional Litigation, Party and Party Costs, Condonation, Unconstitutionality of Statutes
Constitutional Law Civil Procedure Costs in Constitutional Litigation Party and Party Costs Condonation Unconstitutionality of Statutes

Case Brief

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Parties

Tatiana Malachi

Applicant

Cape Dance Academy International (Pty) Ltd

Respondent

House of Rasputin Properties (Pty) Ltd

Respondent

Additional Magistrate, District of Cape Town

Respondent

Minister for Justice and Constitutional Development

Respondent

Minister for Home Affairs

Respondent

Commanding Officer, Pollsmoor Prison

Respondent

Procedural Posture

Constitutional Application / Final Determination of Costs Following Provisional Order and Written Representations

Legal Issues

  1. 1 Whether it is just and equitable for the employers to pay any of the applicant's costs.
  2. 2 Whether the Minister for Justice and Constitutional Development should bear the costs of litigation challenging the constitutionality of statutory provisions.
  3. 3 Whether condonation should be granted for the late filing of the employers' representations.

Ratio Decidendi

The Constitutional Court held that it would not be just and equitable for the employers to be required to pay any of the applicant's costs, as they did not oppose the constitutional challenge and agreed to the applicant's release. The Minister for Justice and Constitutional Development, as the party responsible for ensuring statutory compliance with the Constitution, should bear the costs of litigation challenging the constitutionality of statutory provisions. The application for condonation for the late filing of the employers' representations was granted, the provisional order for costs was discharged, and the Minister was ordered to pay the applicant's costs in the Constitutional Court.

Court Disposition

The application for condonation is granted; the provisional order for costs is discharged; the Minister for Justice and Constitutional Development is ordered to pay the applicant's costs in this Court.

Orders

  • The application for condonation for the late filing of Cape Dance Academy International (Pty) Ltd and House of Rasputin Properties (Pty) Ltd's representations on the provisional order for costs is granted.
  • The provisional order for costs is discharged.