Saturday 22 April 2017

CONSTITUTIONAL COURT

Neutral citation:     Hotz and Others v University of Cape Town [2017] ZACC 10
Coram:                    Nkabinde ACJ, Cameron J, Froneman J, Jafta J, Khampepe J, Madlanga J, Mbha AJ, Mhlantla J, Musi AJ and Zondo J
Judgments:              The Court
Decided on:              12 April 2017
Summary:                Right to education — Right to freedom of expression — Right to assembly, demonstration, picket and petition — Right to freedom of association

Remedial powers of the Constitutional Court — Exercise of judicial discretion in awarding costs — Instances in which an appeal court may interfere with a discretionary order — Application of the Biowatch principle on costs — Failure to exercise discretion judicially in the constitutional context — Application to tender further evidence — Further evidence unnecessary to determine the issue on costs.

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