MADLANGA J misdirection because if applicants are successful in a constitutional challenge against the state, they should be awarded their costs. [154] The principles on costs in constitutional litigation were established in Biowatch.179 This Court held that— “the general rule for an award of costs in constitutional litigation between a private party and the state is that if the private party is successful, it should have its costs paid by the state, and if unsuccessful, each party should pay its costs.”180 [155] This Court is generally reluctant to interfere in costs orders of the courts below— “unless it is satisfied that the discretion was not exercised judicially, the discretion was influenced by wrong principles, or a misdirection on the facts, or the decision reached could not reasonably have been made by a court properly directing itself to all the relevant facts and principles. There must have been a material misdirection on the part of the lower court”.181 [156] These are such exceptional circumstances. It is unclear which genre of litigation the High Court is referring to, but – on the authority of Biowatch – its decision on costs is based on a material misdirection. According to Biowatch the applicants ought to have been awarded their costs against all the respondents that opposed the application before the High Court.182 In this Court as well the applicants are entitled to their costs. Only the Ministers of State Security and Police can be said to have really opposed the confirmation application. They must pay the costs in this Court. 179 Biowatch Trust v Registrar Genetic Resources [2009] ZACC 14; 2009 (6) SA 232 (CC); 2009 (10) BCLR 1014 (CC) (Biowatch). 180 Id at para 43. 181 Public Protector v South African Reserve Bank [2019] ZACC 29; 2019 (6) SA 253 (CC); 2019 (9) BCLR 1113 (CC) at para 144. 182 They are the Minister of Justice and Correctional Services, the Minister of State Security, the Minister of Defence and Military Veterans, the Minister of Police, the Office for Interception Centres, the National Communications Centre and the State Security Agency. 78