(1) Except where specifically provided for in these Rules, all costs, charges and expenses of and incidental to the presentation of an election petition, or of any consequent proceedings shall be in the discretion of the Court, and shall be defrayed by the parties to the election petition in a manner and in proportions as the Court determines.
(2) The cost of publication of the notice of the election petition and of any other matter required to be published by the Registrar under these Rules shall be paid to the Registrar before the publication by the petitioner in the first instance and forms part of the general cost of the election petition.
(3) The Court may disallow any costs, charges or expenses which have been caused by —
(a) vexatious conduct;
(b) unfounded allegations; or
(c) unfounded objections,
on the part of the petitioner or the respondent, and shall have regard to the discouragement of any needless expense by assigning the burden of defraying the costs, charges or expenses on the party by whom it has been caused, whether or not that party is successful.
(4) The rules and regulations of the Court with respect to costs to be allowed in actions, causes and matters in the Court apply, so far as practicable, to the costs of an election petition and the amount of the costs may be fixed by the judge or as directed to be assessed.
(5) Where the petitioner is ordered to pay any costs and he or she fails to pay the costs within 14 days from the date of the order of the Court —
(a) in the case where security has been given by deposit of money with the Court under these Rules, the Registrar shall pay the costs out of that money and execution may be issued against the petitioner and the sureties jointly and severally for any balance not covered by the deposit; or
(b) in the case where security has been given by recognizance, the Registrar shall, on an affidavit of the respondent stating —
(i) the amount of the costs directed to be paid by the petitioner, and
(ii) that the petitioner or any of the sureties has not paid the costs within 14 days after the date of the order to pay the costs,
certify the recognizance to be forfeited.
(6) Execution shall immediately issue out of the Court for the recovery of the amount of the costs ordered to be paid against the petitioner and the sureties jointly and severally to the extent of the amount for which they are bound by the recognizance.
(7) Notwithstanding subrule (6), the petitioner is liable to pay the full amount of the costs.
(8) Where the security given by the petitioner is in the form of money deposited with the Court, the petitioner is entitled to a refund of the portion of the money exceeding the amount of the costs ordered to be paid by him or her.
(9) Where a respondent who is ordered to pay any costs to the petitioner fails to do so within 14 days from the date of the order directing the payment, execution shall immediately be issued out of the Court for the recovery of the amount of costs.
(10) Execution shall be levied in accordance with the law governing execution in civil actions in the Court.