Andrew Lionel Phillips v South African Reserve Bank and Others

The appellant instituted High Court proceedings to review and set aside a decision of the South African Reserve Bank refusing to return foreign currency seized from him, and to challenge the constitutionality of provisions of the Exchange Control Regulations. A Rule 16A notice was prepared and filed, but on the hearing date the High Court postponed the matter sine die, finding non-compliance with Rule 16A and ordering the appellant to pay the respondents’ wasted costs. The appellant appealed only against the costs order, contending that Rule 16A had in fact been complied with and that responsibility for placing the notice on the notice board lay with the registrar.

The appeal was upheld with costs, including the costs of two counsel. The costs order made by the High Court was set aside.

The case provides authoritative guidance on the interpretation and practical application of Rule 16A of the Uniform Rules of Court, clarifying both the content required in constitutional notices and the registrar’s responsibilities. It also reinforces a flexible approach to appealability and protects constitutional litigants from unjustified adverse costs orders arising from procedural misinterpretations.