Gibbs and Others v Minister of Justice and Constitutional Development and Others (234/2008) [2009] ZASCA 73 (1 June 2009)

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