O’REGAN J Costs [59] The applicant has been successful in this Court and is therefore entitled to receive her costs, including the costs of two counsel where she was represented by two counsel, not only in this Court but also in the Supreme Court of Appeal, and the High Court. Order [60] The following order is made: 1. The application for leave to appeal is granted. 2. The orders of the Supreme Court of Appeal and the High Court are set aside, including the costs orders made by those Courts. 3. It is declared that the respondent is liable to the applicant for the damages suffered by the applicant as a result of the wrongful conduct of Sergeant Nathaniel Rammutle, Sergeant Ephraim Gabaatlholwe and Sergeant Edwin Nqandela in the early morning of 27 March 1999. 4. The case is referred back to the Johannesburg High Court to determine the quantum of damages in the light of this judgment. 5. Respondent is ordered to pay the costs of the applicant in this Court, the Supreme Court of Appeal and the High Court, such costs to include the costs of two counsel if two counsel appeared on behalf of the applicant. 40

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