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Moshabane v Mtshagi (Kave) and Others - Application for Leave to Appeal (70/2022) [2023] ZAECQBHC 39 (20 June 2023)
The High Court refused leave to appeal against a postponement and costs order, finding no merit in the grounds, refusing condonation, and upholding the corrected order.
Minister for Justice and Constitutional Development v Chonco and Others (CCT42/09) [2010] ZACC 9; 2010 (7) BCLR 629 (CC) (8 April 2010)
The Constitutional Court held that it has the power and duty to interpret and, if necessary, vary its previous orders, regardless of changes in its composition. The omission of explicit reference to the respondents' costs in the High Court in the original order created an ambiguity, which the Court is empowered to remedy under Rule 42 of the Uniform Rules. The Court found that the original judgment's reasoning—that the respondents should not be out of pocket for seeking legal recourse—necessarily covered costs in all three courts. The order is therefore varied to make explicit that the Minist…
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