Public Protector v South African Reserve Bank (107/18) [2019] ZACC 29 (22 July 2019)

Rule of law — judicial integrity — vindicating the honour of courts

Contempt of court — urgent application — direct access — duty to comply with court orders — first respondent is in contempt of court

Appropriate sanction for crime of civil contempt — punitive sanction — unsuspended committal — punitive costs

Review under principle of legality and Promotion of Administrative Justice Act 3 of 2000 – rotation of country’s strategic oil stock – decisions and resultant transactions reviewed and set aside – just and equitable relief – factors relevant to assessment – misconduct by state officials – contracting parties innocent – compensation for out-of-pocket expenses appropriate – appeal dismissed.

Application for leave to appeal to Supreme Court of Appeal – against
high court’s refusal to grant leave to appeal costs order – awarded against public functionary on punitive scale – high court exercises true discretion in granting costs order – interference by appellate court only in case of material misdirection – not shown – application dismissed.

Immigration Act 13 of 2002 — unconstitutionality of section
34(1)(b) and (d) — invalid

Ex parte application for “revival” of a lapsed suspension of
invalidity — legally incompetent — Constitutional Court is
empowered to supplement its previous order under
section 172(1)(b) of the Constitution

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