Page:NCGLE v Minister of Home Affairs.djvu/86

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Ackermann J

client, notwithstanding the fact that such costs are rarely awarded on appeal.[1]

[94]As far as the merits of the appeal are concerned, however, there is no criticism of the respondents’ conduct. They raised issues of substance, and it cannot be said that their decision to oppose the confirmation of the order made by the High Court, and to appeal against the order made, was frivolous.

[95]The two applications were concerned with collateral issues which could be disposed of summarily and took up very little time. There are some wasted costs occasioned by the respondents having had to consider the issues raised in the interlocutory applications and to respond to them on affidavit. In relation to the costs of the appeal as a whole, however, such costs will be comparatively slight.

[96]It is regrettable that the state should have considered it appropriate to raise before this court issues of such little merit as those contained in the two abortive applications. Its conduct in doing so, however, taken in the context of the appeal as a whole, does not constitute such a serious abuse of the process of the Court as would warrant an order that the costs of such

  1. See Herold v Sinclair and Others 1954 (2) SA 531 (A) at 537 A–E; Ward v Sulzer 1973 (3) SA 701 (A) at 707 B–D and Premier, Mpumalanga, and Another v Executive Committee, Association of State-Aided Schools, Eastern Transvaal 1999 (2) BCLR 151 (CC); 1999 (2) SA 91 (CC) at para 55.