IN THE CONSTITUTIONAL COURT OF SOUTH AFRICA
Case number: CCT 02/13 SCA Case Number: 646/2011 In matter between:
JUSTICE ALLIANCE OF SOUTH AFRICA Applicant
and
MINISTER OF SAFETY AND SECURITY First Respondent
NATIONAL COMMISSIONER OF
THE SOUTH AFRICAN POLICE SERVICE
(REGISTRAR OF FIREARMS) Second Respondent
APPEAL BOARD OF FIREARMS Third Respondent
MINISTER OF FINANCE Fourth Respondent
FIRST RESPONDENT’S PRACTICE NOTE
a) The names of the parties and the case number:
See above.
b) The nature of the proceedings:
An application for leave to appeal to this Court against an adverse costs order made by the Supreme Court of Appeal.
c) The issues that will be argued:
- Whether the intended appeal raises a constitutional matter.
- Whether it is in the interests of justice for leave to appeal to be granted.
- Whether the SCA’s decision on costs should be upset by this Court.
d) The portions of the record that are necessary for the determination of the matter:
Not applicable.
e) An estimate of the duration of oral argument:
Not applicable.
f) Summary of the Applicants’ argument:
- This matter is not constitutional litigation and consequently the intended appeal does not raise a constitutional matter.
- Alternatively, it is not in the interests of justice for leave to appeal to be granted. There are no exceptional circumstances which warrant an appeal to this Court solely on the issue of costs.
- Further alternatively, if leave to appeal is granted, the SCA’s decision on costs should not be upset by this Court because in exercising its discretion it did not commit any demonstrable blunder or reach an unjustifiable conclusion.
g) The authorities on which particular reliance will be placed:
- Biowatch Trust v Registrar, Genetic Resources, and Others 2009 (6) SA 232 (CC)
- Giddey NO v JC Barnard and Partners 2007 (5) SA 525 (CC)
- South African Commercial Catering and Allied Workers Union and Others v Irvin & Johnson Ltd (Seafoods Division Fish Processing) 2000 (3) SA 705 (CC)
ANDREW BREITENBACH SC
HOWARD VARNEY
