CONSTITUTIONAL COURT OF SOUTH AFRICA Case CCT ... - saflii

ACKERMANN AND GOLDSTONE JJthe least delay. The application for leave to appeal must consequently be granted andthe appeal must succeed.The Order[84] The following order is made:1. The application for special leave to appeal is granted with costs.2. The appeal is upheld with costs.3. The order of the Supreme Court of Appeal is set aside and the followingorder is substituted for that of the High Court:“The application for absolution from the instance is dismissed withcosts.”4. The matter is referred back to the High Court so that the trial maycontinue.5. The costs orders referred to in 1 and 2 above are to include those of twocounsel.Chaskalson P, Kriegler J, Madala J, Mokgoro J, Ngcobo J, Sachs J, Yacoob J,Madlanga AJ and Somyalo AJ concur in the judgment of Ackermann and GoldstoneJJ.52