Minister of Safety and Security v South African Hunters and Game Conservation Association [2018] ZACC 14 (7 June 2018)

Interim interdict against State functionary – South African Police
Service – prohibited from exercising powers under Firearms Control Act 60 of 2000 – interdicted from accepting or demanding surrender of firearms with expired licences pending final relief extending validity of expired licences – appealable – interdict an intrusion on executive authority and final in effect – role of Judge as neutral arbiter – of own accord amending final relief sought –
inappropriate – renders court susceptible to allegation of bias – requisites for an interim interdict not met – no prima facie right, injury or absence of alternative remedy established – balance of convenience not favouring grant of interim relief – interdict an impermissible restraint on exercise of statutory power – violation
of principle of separation of powers – appeal upheld

Customs and Excise Act 91 of 1964 — Value Added tax Act 89 of 1991 — Constitutionality of section 75(15)(a)(i)(bb) of the Customs Act — Constitutionality of section 74(3)(a) of the VAT Act

Sections delegate plenary legislative power to the Minister — Breach of doctrine of separation of powers — Rationality — Section 77 of the Constitution

Firearms Control Act 60 of 2000 (the Act) – licence to possess
firearm – application for licence to possess firearm upon termination of
licence previously issued – fresh application for licence by juristic person –
nothing in the language of the Act precluding a party whose licence has
terminated by the operation of law from applying for a new licence – appeal
upheld