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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