28 2.The matter is referred in terms of the provisions of section 167 of the Constitution to the Constitutional Court to confirm paragraph 1 of this order. 3.The first respondent must pay the costs of the applicant including the costs of two counsel. ___________________________ P.Z. EBERSOHN ACTING JUDGE OF THE HIGH COURT Applicant's counsel Adv. Q. Pelser SC assisted by Adv. B.S. du Plessis Applicant's attorneys HURTER & SPIES ATTORNEYS First Respondent's counsel Adv. K.Pillay First Respondent's attorney STATE ATTORNEY Second Respondent's counsel Adv. I. Semenya SC assisted by Adv. Budlender Second Respondent's attorneys BOWMAN GILFILLAN INC.