ZONDI AJ section 27 was deemed to have come into operation on 27 April 1994. The declaration of invalidity should therefore apply retrospectively to 27 April 1994, which is the date on which the interim Constitution came into operation.65 It is not contended that the declaration of invalidity with retrospective effect has a potential to cause unnecessary dislocation and uncertainty in the administration of justice.66 [78] I therefore conclude that the order of the High Court is just and equitable. Costs in this Court [79] These are proceedings which have been brought to this Court in terms of section 167(5) of the Constitution.67 The applicants submitted that the Minister must pay the costs of confirmation proceedings. The Minister disagrees and cites recent decisions in which costs were only awarded where the confirmation was opposed.68 The Minister contends that each party should pay its own costs in this matter as he does not oppose confirmation. The applicants successfully challenged the constitutionality of section 18 of the CPA in the High Court where they were awarded costs. It is the norm to award costs in favour of a successful applicant for a confirmation and there is no reason why this principle should not apply in this matter. The fact that the Minister has not opposed the confirmation proceedings does not in itself provide a sufficient basis for this Court to deviate from this principle. In the circumstances the Minister should pay the costs of the confirmation proceedings. 65 Ferreira v Levin NO and Vryenhoek v Powell NO [1996] ZACC 27; 1996 (2) SA 621 (CC); 1996 (4) BCLR 441 (CC) at para 27. 66 S v Zuma [1995] ZACC 1; 1995 (2) SA 642 (CC); 1995 (4) BCLR 401 (CC) at para 43. 67 Section 167(5) of the Constitution provides that— ―[t]he Constitutional Court makes the final decision whether an Act of Parliament, a provincial Act or conduct of the President is constitutional, and must confirm any order of invalidity made by the Supreme Court of Appeal, the High Court of South Africa, or a court of similar status, before that order has any force‖. 68 University of Stellenbosch Legal Aid Clinic v Minister of Justice and Correctional Services [2016] ZACC 32; 2016 (6) SA 596 (CC); 2016 (12) BCLR 1535 (CC) at para 212(9); McBride v Minister of Police [2016] ZACC 30; 2016 (2) SACR 585 (CC); 2016 (11) BCLR 1398 (CC) at para 57; and Tronox KZN Sands (Pty) Ltd v KwaZulu-Natal Planning and Development Appeal Tribunal [2016] ZACC 2; 2016 (3) SA 160 (CC); 2016 (4) BCLR 469 (CC) at para 60. 33

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