Moosa v Registrar of Asiatics and Minister of Justice [1915] ZATPD 17 (31 March 1915)

Asiatics-Registrar's refusal to issue certificate of registration.Decision by magistrate. - Grounds of interference by Supreme Court.-Proc. 14 of 1902, sec. 19.-Act 36 of 1908, sec. 6 (2).

An appeal was brought before a magistrate under sec. 6 (2) of Act 36 of 1908 from the decision of the Registrar of Asiatics refusing to issue a certincate of registration. The appeal was dismissed and application was now made to the Supreme Court for an order directing the magistrate to allow the appeal, Held, that in order to interfere with the magistrate's decision it wa.s necessary for the applicant to show either that the magistrate had not done his duty or had acted dishonestly -or -m.ala fide, -or that there had been an inegularity in the proceedings. A mere mistake of law or fact on the part of the magistrate afforded no ground for relief. The procedure in the case of Ghotabhai v. Minister of Justice (1911, A.D. 13)
not followed