s 16 Costs
16.—(1) Where an aided person is entitled to costs in any proceedings to which the aided person is a party —(a) the court must make, in favour of the aided person, such order for costs as the court would have made in favour of a person who is not an aided person; and (b) where costs follow the event, the aided person is entitled to the same costs as a person who is not an aided person.[50/2018] (2) Subsection (1) does not apply to any costs against another aided person.[50/2018] (3) Where any moneys are recovered by an aided person (whether in proceedings or by virtue of a settlement or compromise), the aided person is liable to pay to the Director so much of the moneys so recovered as is recovered in respect of costs. (4) For the purposes of subsection (3), the moneys recovered in respect of costs are deemed to be so much of the total amount so recovered as exceeds the amount (if any) recoverable by the aided person otherwise than as costs. (5) Without limiting subsections (1), (2), (3) and (4), “costs” includes —(a) counsel’s fees, whether or not the same have been paid; (b) fees and charges of the nature referred to in section 12(4)(a) and (b); and (c) any sums which, pursuant to section 13(3), are expended by the Director in meeting out‑of‑pocket expenses or are advanced by the Director for that purpose.[50/2018] (6) Where the costs recovered by the Director under this section include any of the fees, charges or sums referred to in subsection (5)(b) and (c), such costs must be applied, in the first instance, in and towards satisfaction of such fees, charges or sums. (7) The Director may, in the Director’s discretion and in accordance with any regulations made under this Act, reduce any costs, or waive or refund the whole or any part of any costs, that a person is liable to pay to the Director under subsection (3).[Act 32 of 2024 wef 01/04/2025]