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The trustees for the time being of the Biowatch Trust v Registrar, Genetic Resources and others

3 May 2009

Constitutional Court 

Citation: [2009] ZACC 14

Date: 3 June 2009

Judge: Sachs J [Langa CJ, Moseneke DCJ, Cameron J, Mokgoro J, Ngcobo J, Nkabinde J, O’Regan J,
Skweyiya J, Van der Westhuizen J and Yacoob J concurred in the judgment of Sachs J]

This matter concerned the issue of costs in Constitutional public interest litigation. The Court set aside a costs order against a public interest organisation, holding that the general approach is not to award costs against litigants when they assert constitutional rights as long as the litigation raised genuine issues of constitutional import and is not frivolous or vexatious.

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