Coin Security Group (Pty) Ltd v Smit NO and Others (362/90) [1992] ZASCA 55; 1992 (3) SA 333 (AD); [1992] 2 All SA 122 (A) (30 March 1992)

Coin Security Group (Pty) Ltd v Smit NO and Others (362/90) [1992] ZASCA 55; 1992 (3) SA 333 (AD); [1992] 2 All SA 122 (A) (30 March 1992)

The Supreme Court of Appeal held that the Transvaal Provincial Division retained jurisdiction to confirm the rule nisi, as the proceedings were validly commenced before Namibia's independence and the relevant South African legislation continued to apply in Namibia by virtue of article 140 of the Namibian Constitution. The Commission's refusal to amend the appellant's licence was based solely on section 10 of the Air Services Act, which does not apply to amendments but only to the grant of new licences. No valid grounds for refusal under section 9 were advanced by the respondents. Given the long delay, the absence of a competent Namibian authority to which the matter could be remitted, and...

Citation
[1992] ZASCA 55
Parties
Appellant: Coin Security Group (Pty) Ltd; Respondent: J Smit NO; Respondent: Namib Air (Pty) Ltd; Respondent: C J Schutte
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
30 March 1992
Case Number
362/90
Procedural Posture
Civil Appeal / Appeal From the Transvaal Provincial Division After Refusal to Confirm a Rule Nisi.
Outcome
Appeal upheld. The rule nisi was confirmed. Costs awarded against the second and third respondents for proceedings in the court below and for opposition to leave to appeal.
Judges
Botha, Milne, Kumleben, Van den Heever, Van Coller
Legal Topics
Review of Administrative Action, Jurisdiction, Effectiveness of Orders, Licensing of Air Services, Principle of Continuing Jurisdiction
Administrative Law Civil Procedure Review of Administrative Action Jurisdiction Effectiveness of Orders Licensing of Air Services Principle of Continuing Jurisdiction

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 12 Party arguments 2
Sign in to unlock

Parties

Coin Security Group (Pty) Ltd

Appellant

J Smit NO

Respondent

Namib Air (Pty) Ltd

Respondent

C J Schutte

Respondent

Procedural Posture

Civil Appeal / Appeal From the Transvaal Provincial Division After Refusal to Confirm a Rule Nisi.

Legal Issues

  1. 1 Whether the South African court retained jurisdiction to confirm a rule nisi after Namibia's independence.
  2. 2 Whether section 10 of the Air Services Act applied to an application for amendment of an existing licence.
  3. 3 Whether the Commission's refusal was based on a correct interpretation of the Air Services Act.

Ratio Decidendi

The Supreme Court of Appeal held that the Transvaal Provincial Division retained jurisdiction to confirm the rule nisi, as the proceedings were validly commenced before Namibia's independence and the relevant South African legislation continued to apply in Namibia by virtue of article 140 of the Namibian Constitution. The Commission's refusal to amend the appellant's licence was based solely on section 10 of the Air Services Act, which does not apply to amendments but only to the grant of new licences. No valid grounds for refusal under section 9 were advanced by the respondents. Given the long delay, the absence of a competent Namibian authority to which the matter could be remitted, and...

Court Disposition

Appeal upheld. The rule nisi was confirmed. Costs awarded against the second and third respondents for proceedings in the court below and for opposition to leave to appeal.

Orders

  • Paragraphs 2.1 and 2.2 of the rule nisi are confirmed with costs, including costs reserved on 16 March 1990, such costs to be paid by the second and third respondents.
  • The second and third respondents are ordered to pay the costs occasioned by their opposition to the application for leave to appeal.