Solidariteit Helpende Hand NPC and Others v Minister of Cooperative Governance and Traditional Affairs (104/2022) [2023] ZASCA 35 (31 March 2023)

Solidariteit Helpende Hand NPC and Others v Minister of Cooperative Governance and Traditional Affairs (104/2022) [2023] ZASCA 35 (31 March 2023)

The Supreme Court of Appeal held that the appeal was moot because the impugned regulations had been repealed before the matter was heard in the high court and were no longer in force. There was no live controversy or practical effect to be achieved by adjudicating the merits, and any declaratory order would be academic. The high court correctly found it had no discretion to determine a moot matter, as only an appeal court may exercise such discretion. The interests of justice did not require the court to decide the constitutionality of the repealed regulations, as any decision would have no practical effect on future regulations or the rights of those previously affected. The appeal was...

Citation
[2023] ZASCA 35
Parties
Appellant: Solidariteit Helpende Hand NPC; Appellant: South African National Christian Forum; Appellant: Muslim Lawyers Association; Respondent: Minister of Cooperative Governance and Traditional Affairs
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
31 March 2023
Case Number
104/2022
Procedural Posture
Civil Appeal / Appeal From Gauteng Division of the High Court, Johannesburg
Outcome
Appeal dismissed with no order as to costs.
Judges
Saldulker, Nicholls, Mabindla-Boqwana, Weiner, Olsen
Legal Topics
Mootness, Disaster Management Act, Freedom of Religion, Regulations Review, Interests of Justice
Constitutional Law Administrative Law Civil Procedure Mootness Disaster Management Act Freedom of Religion Regulations Review Interests of Justice

Case Brief

Summary, issues, holding and outcome

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Parties

Solidariteit Helpende Hand NPC

Appellant

South African National Christian Forum

Appellant

Muslim Lawyers Association

Appellant

Minister of Cooperative Governance and Traditional Affairs

Respondent

Procedural Posture

Civil Appeal / Appeal From Gauteng Division of the High Court, Johannesburg

Legal Issues

  1. 1 Whether the appeal was moot due to the repeal of the impugned regulations before adjudication.
  2. 2 Whether the high court had discretion to determine a matter that was moot.
  3. 3 Whether the interests of justice required the court to decide the constitutionality of the repealed regulations.

Ratio Decidendi

The Supreme Court of Appeal held that the appeal was moot because the impugned regulations had been repealed before the matter was heard in the high court and were no longer in force. There was no live controversy or practical effect to be achieved by adjudicating the merits, and any declaratory order would be academic. The high court correctly found it had no discretion to determine a moot matter, as only an appeal court may exercise such discretion. The interests of justice did not require the court to decide the constitutionality of the repealed regulations, as any decision would have no practical effect on future regulations or the rights of those previously affected. The appeal was...

Court Disposition

Appeal dismissed with no order as to costs.

Orders

  • The appeal is dismissed with no order as to costs.