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1.  The applications under Case Nos 12770/22P and 13062/22P are enrolled as urgent applications, and the forms and service provided for in the Uniform rules of Court are dispensed with, and non-compliance therewith condoned, to the extent necessary.

 

A:   Case No: 12770/22P

1.               The operation and execution of paragraphs A1 and A2 of the orders of the Full Bench given under case number 12770/22P on 7 June 2023 shall not be suspended pending the final determination of any applications for leave to appeal or appeals against the order.

2.                The First Respondent is directed to pay the costs occasioned by the unsuccessful opposition to this application on an attorney and own client scale such costs are to include the costs of two counsel.

 

B:   Case No: 13062/22P

1.                 The operation of the orders made by this Court in paragraphs B1 and B2 of its judgment delivered on 7 June 2023 remain in force and such orders are not suspended pending the final determination of any application for leave to appeal or any appeals.

2.               For the duration of this order:

2.1             The First Respondent's private prosecution of the applicant is suspended;

2.2.            Mr Andrew Breitenbach SC may resume his role as a member of the prosecution team in the criminal prosecution of the first respondent;

2.3.            The First Respondent may not pursue any private prosecution of the Applicant on substantially the same charges as those advanced in the summons in the private prosecution set aside.

3.              The First Respondent is directed to pay the costs occasioned by the unsuccessful opposition to this application, including the costs of two counsel on the scale as between attorney and client.