Mail & Guardian – 12 Jan 2024
Sello Ivan Phahle Sello (Ivan Phahle is a legal adviser and analyst)
Lower courts are failing to apply the principle in awarding costs, which mars constitutional integrity
In the tapestry of South Africa’s constitutional framework, the right of access to the courts is a fundamental pillar of our democracy. This right is enshrined in section 34 of the Constitution and affords everyone the right to a fair and public hearing before a court to resolve disputes, assert rights and seek redress for constitutional violations. But the cost of litigation excludes a significant portion of society from the realisation of this fundamental right…