Keen v Commissioner of Police [1914] ZATPD 76 (2 July 1914)

Gold Law.-Regulatiori 65 (4) prmnulgated under sec. 106 (2) of Act 35 of 1908 as amended by sec. 4, Act 18 of 1913.-Grant of' licence to jeweller.-Certificate of commissioner of police.-Ultra vires.

Costs.-Application to declare regulation ultra vires.-No otherrelief.

Act 35 of 1908, sec. 106 (2), as amended by ,sec. 4 of Act 18 of 1913, impowered the Governor-General to make regulations as to the licensing of persons carrying on the business of jewellers. A regulation so made provided that no jeweller's permit or renewal thereof should be issued unless the commissioner of police certified that the applicant was a fit and proper person to hold such permit. Held, that the said regulation was ultra vires as the Governor-General was not autborised to qonfer upon an official the power of refusing a licence.
Where an applicant is injured by the operation of a regulation and has no other remedy than to have the regulation declared ultra vires so far as its particular subject matter is concerned, he is entitled to the costs of the application.