South Africa Case Law

Private Security Industry Regulatory Authority v Anglo Platinum Management Services Ltd (588/05)

Private Security Industry Regulatory Authority v Anglo Platinum Management Services Ltd (588/05) [2006] ZASCA 176; [2007] 1 All SA 154 (SCA) (29 September 2006)

Court

Supreme Court of Appeal

Case number

588/05

Judges

Cameron, Nugent, Ponnan, Maya, Theron

The SCA held that the Minister could grant indefinite exemptions under the Act, but could not later cut them down by regulation 10(3).

• Ministerial Exemption Powers
• Retrospective Regulation
• Private Security Industry Regulation Act
• Administrative Action
• Regulatory Powers
• Administrative-law

Anglo Platinum Management Services (Pty) Ltd and Others v Minister of Safety and Security and Others (6104/04)

Anglo Platinum Management Services (Pty) Ltd and Others v Minister of Safety and Security and Others (6104/04) [2005] ZAGPHC 61; [2006] 4 All SA 30 (T) (2 June 2005)

Court

High Courts - Gauteng

Case number

6104/04

Judge

FHD Van Oosten

The court held that regulation 10(3) of the Regulations Relating to Appeals and Applications for Exemptions, 2003, was invalid and of no force or effect. The regulation purported to retrospectively subject previously granted exemptions to lapsing and renewal requirements, which contravened the rule against retrospectivity in administrative law and undermined legal certainty. The exemptions granted to the applicants were indefinite in duration, as no time limit was specified at the time of granting, and the Minister became functus officio upon granting them. The promulgation of the regulations…

Source excerpt

• Retrospective Regulation
• Exemptions Under Statute
• Procedural Fairness
• Promotion Of Administrative Justice Act
• Locus Standi
• Rule Of Law