ZONDI AJ private litigants who have become involved. This approach locates the risk for costs at the correct door – at the end of the day, it was the [s]tate that had control over its conduct.‖76 [88] The Estate‘s reliance on the Biowatch principle is misplaced. Mr Frankel was not the party that initiated the proceedings in which the constitutionality of section 18 was challenged. Mr Frankel was a respondent and he opposed prayer 2 of the notice of motion until his death on 13 April 2017. In doing so he was not seeking to promote the advancement of constitutional justice which is the conduct that would provide a basis for not awarding costs against him in the event that he lost in his constitutional challenge. He was pursuing his own self-interest and therefore the Biowatch principle does not protect him against a costs order. In the circumstances the appeal based on this alternative ground must also fail. Order [89] In the result, the following order is made: 1. The declaration of constitutional invalidity of section 18 of the Criminal Procedure Act 51 of 1977 made by the High Court of South Africa, Gauteng Local Division, Johannesburg is confirmed. 2. The order is suspended for 24 months from the date of this order to afford Parliament an opportunity to enact remedial legislation. 3. During the period of suspension section 18(f) of the Criminal Procedure Act is to be read as though the words ―and all other sexual offences whether in terms of common law or statute‖ appear after the words ―the Criminal Law (Sexual Offences and Related Matters) Amendment Act, 2007, respectively.‖ 4. Should Parliament fail to enact remedial legislation within the period of suspension, the interim reading-in remedy shall become final. 5. 76 The declaration of invalidity is retrospective to 27 April 1994. Id at para 56. 37