Ellispark Stadion Bpk v Minister van Justisie (158/89) [1989] ZASCA 152 (24 November 1989)

Ellispark Stadion Bpk v Minister van Justisie (158/89) [1989] ZASCA 152 (24 November 1989)

The Supreme Court of Appeal held that the planned concert did not constitute a 'gathering' as defined by section 1 of the Internal Security Act 74 of 1982. The essential element of a gathering under the Act is the intention of those present to achieve a common object by concerted action. In the case of the concert, the audience attended for individual enjoyment and not for any collective action or purpose. The mere fact that attendees listened to music together did not amount to concerted action. The court rejected the approach of the lower court, which had relied on obiter dicta from S v Zigqolo, and reaffirmed the binding authority of earlier appellate decisions (Kahn, Lan, Dudley)...

Citation
[1989] ZASCA 152
Parties
Appellant: Ellispark Stadion Beperk; Respondent: Minister van Justisie
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
24 November 1989
Case Number
158/89
Procedural Posture
Civil Appeal / Appeal From High Court (a Quo) Decision
Outcome
Appeal upheld. The order of the court a quo is set aside and replaced with a declaratory order in favour of the appellant.
Judges
Hoexter, Hefer, Vivier, Milne, Arr, Nicholas
Legal Topics
Statutory Interpretation, Definition of Gathering, Public Order Restrictions, Declaratory Relief
Administrative Law Civil Procedure Statutory Interpretation Definition of Gathering Public Order Restrictions Declaratory Relief

Case Brief

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Parties

Ellispark Stadion Beperk

Appellant

Minister van Justisie

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court (a Quo) Decision

Legal Issues

  1. 1 Whether the planned concert constituted a 'gathering' as defined in section 1 of the Internal Security Act 74 of 1982.
  2. 2 Whether the prohibition issued by the Minister of Justice applied to the concert.
  3. 3 Whether the refusal by the magistrate to grant permission for the concert was legally valid.

Ratio Decidendi

The Supreme Court of Appeal held that the planned concert did not constitute a 'gathering' as defined by section 1 of the Internal Security Act 74 of 1982. The essential element of a gathering under the Act is the intention of those present to achieve a common object by concerted action. In the case of the concert, the audience attended for individual enjoyment and not for any collective action or purpose. The mere fact that attendees listened to music together did not amount to concerted action. The court rejected the approach of the lower court, which had relied on obiter dicta from S v Zigqolo, and reaffirmed the binding authority of earlier appellate decisions (Kahn, Lan, Dudley)...

Court Disposition

Appeal upheld. The order of the court a quo is set aside and replaced with a declaratory order in favour of the appellant.

Orders

  • The application succeeds with costs, including the costs consequent upon the employment of two counsel.
  • A declaratory order is granted in terms of paragraph 2.1 of the applicant's notice of motion dated 23 February 1989.