National Commissioner of Police and Another v Gun Owners of South Africa (561/2019) [2020] ZASCA 88 (23 July 2020)

Appealability – dismissal of an exception – doctrine of finality – interests of justice – precedent.

Civil Procedure – on appeal, the appellants were not entitled to an order they did not seek in the court of first instance – attachment of a bank account held by an organ of State – order of this Court on appeal would be of no practical effect – issues raised were moot – costs order of the court a quo reversed on account of serious injustice suffered by the first respondent

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

Admiralty law – arrest of an associated ship in terms of ss 3(6) and (7) of the Admiralty Jurisdiction Regulation Act 105 of 1983 (the Act) – arrest for security in terms of s 5(3) of the Act – reconsideration in terms of rule 6(12)(c) of the Uniform Rules of Court – onus of establishing an association in a security arrest discharged – source of control established where the respondent asserted alternative sources of power

Trust Property Control Act 57 of 1988 – duty of trustees to account – sufficiency of accounting – termination of a trust pursuant to s 13 – distinct from removal of trustees in terms of s 20 – the two provisions not interdependent and serve distinct and unrelated purposes.