Attorney-General for Eastern Cape v Blom and Others (83/88) [1988] ZASCA 83; [1988] 2 All SA 592 (A) (30 August 1988)

Attorney-General for Eastern Cape v Blom and Others (83/88) [1988] ZASCA 83; [1988] 2 All SA 592 (A) (30 August 1988)

The Supreme Court of Appeal held that the audi alteram partem principle applies to the Attorney-General's decision to prohibit bail under section 30(1) of the Internal Security Act, as such a decision prejudicially affects the liberty of the individual. The Court found no clear indication in the statute, either express or by necessary implication, that Parliament intended to exclude the right to be heard. Arguments based on impracticality, state security, and preventive justice were rejected, as the principle could be observed without compromising these interests, and partial application was preferable to total exclusion. The respondents were not afforded any opportunity to be heard...

Citation
[1988] ZASCA 83
Parties
Appellant: Attorney-General for Eastern Cape; Respondent: Nolele Blom; Respondent: Thembile Bevu; Respondent: Christof Nyweba; Respondent: Lulamile Mjavu; Respondent: Nondoloza Merikana; Respondent: Mattati Klaas
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
30 August 1988
Case Number
83/88
Procedural Posture
Civil Appeal / Appeal From Declaratory Order and Costs Order of Eastern Cape Division
Outcome
Appeal dismissed with costs.
Judges
Corbett, Hefer, Grosskopf, Vivier, Viljoen
Legal Topics
Audi Alteram Partem, Internal Security Act, Bail Prohibition, Natural Justice, Judicial Discretion, Costs Award
Administrative Law Criminal Law Audi Alteram Partem Internal Security Act Bail Prohibition Natural Justice Judicial Discretion Costs Award

Case Brief

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Parties

Attorney-General for Eastern Cape

Appellant

Nolele Blom

Respondent

Thembile Bevu

Respondent

Christof Nyweba

Respondent

Lulamile Mjavu

Respondent

Nondoloza Merikana

Respondent

Mattati Klaas

Respondent

Procedural Posture

Civil Appeal / Appeal From Declaratory Order and Costs Order of Eastern Cape Division

Legal Issues

  1. 1 Whether the Attorney-General is obliged to observe the audi alteram partem principle before issuing an order prohibiting bail under section 30(1) of the Internal Security Act.
  2. 2 Whether the orders made by the Attorney-General prohibiting bail were invalid for failure to afford a hearing.
  3. 3 Whether the costs order against the Attorney-General was justified.

Ratio Decidendi

The Supreme Court of Appeal held that the audi alteram partem principle applies to the Attorney-General's decision to prohibit bail under section 30(1) of the Internal Security Act, as such a decision prejudicially affects the liberty of the individual. The Court found no clear indication in the statute, either express or by necessary implication, that Parliament intended to exclude the right to be heard. Arguments based on impracticality, state security, and preventive justice were rejected, as the principle could be observed without compromising these interests, and partial application was preferable to total exclusion. The respondents were not afforded any opportunity to be heard...

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs, including the costs of two counsel.