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THE SUPREME COURT OF APPEAL OF SOUTH AFRICA JUDGMENT

Reportable
Case No: 561/2019

In the matter between:

THE NATIONAL COMMISSIONER
OF POLICE

FIRST APPELLANT

 

THE MINISTER OF POLICE

SECOND APPELLANT

and

THE GUN OWNERS OF SOUTH AFRICA

RESPONDENT

and

GUN FREE SOUTH AFRICA

AMICUS CURIAE

 

Neutral citation: National Commissioner of Police and Another v Gun Owners of South Africa (561/2019) [2020] ZASCA 88 (23 July 2020)

Coram: MAYA P, ZONDI, SCHIPPERS AND PLASKET JJA AND EKSTEEN AJA

Heard: 22 May 2020

Delivered: This judgment was handed down electronically via e-mail to the parties’ legal representatives on 23 July 2020. It has been published on the Supreme Court of Appeal website.

Summary: Interim interdict against State functionary – South African Police Service – prohibited from exercising powers under Firearms Control Act 60 of

2000 – interdicted from accepting or demanding surrender of firearms with expired licences pending final relief extending validity of expired licences – appealable – interdict an intrusion on executive authority and final in effect – role of Judge as neutral arbiter – of own accord amending final relief sought – inappropriate – renders court susceptible to allegation of bias – requisites for an interim interdict not met – no prima facie right, injury or absence of alternative remedy established – balance of convenience not favouring grant of interim relief
– interdict an impermissible restraint on exercise of statutory power – violation of principle of separation of powers – appeal upheld.

 

TO READ AND DOWNLOAD THE COMPLETE COURT RULING CLICK BELOW.

To read and download the complete court ruling click the Download button below. Also available from the Supreme Court of Appeal’s website. 

Special thanks to our source – Legally Armed HQ

From  Legally Armed for this story.

Bernu van den Heever

Legally Armed Head Office

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