Minister for Justice and Constitutional Development v Chonco and Others

Following earlier litigation concerning long-delayed applications for presidential pardons, the Constitutional Court in Chonco 1 upheld the Minister’s appeal on the merits but made an unusual costs order requiring the Minister to pay the respondents’ costs. A subsequent dispute arose when the State Attorney contended that the costs order applied only to proceedings in the Constitutional Court and not to costs incurred in the High Court and Supreme Court of Appeal. The respondents sought clarification and variation of the costs order to cover all litigation costs.

The Court varied and replaced the original order in Chonco 1 to make explicit that the Minister for Justice and Constitutional Development is liable for the respondents’ costs incurred in the High Court, the Supreme Court of Appeal, and the Constitutional Court.

The case clarifies the Constitutional Court’s power to interpret and vary its own orders to correct ambiguities or omissions, confirms that changes in the Court’s composition do not affect its institutional authority, and reinforces principles governing costs in constitutional litigation, particularly where fairness and justice justify a departure from the usual rule.