In addition, the applicants admitted that they had no cause of action against the second and third respondents. Unfortunately, it was well after those respondents had been needlessly dragged into legal expenses. I doubt that the concessions would assuage their financial bruises. The court cannot however ignore the apology tendered by Ms. Ndlovu on behalf of all the applicants and which appeared to have been well received by the respondents. It mitigates whatever turpitude had been occasioned. Although it was largely driven by the applicants’ personal interests this is a case which borders on the realm of public interest litigation. As a result I do not see any reason why I should depart from the norm that costs should follow the cause and order payment of costs on the ordinary scale. 

In the circumstances it is ordered: 

1. That the application be and is hereby dismissed in its entirety 

2. That the applicants shall pay each of the respondents’ costs jointly and severally the one paying the others to be absolved.