Coetzee v National Commissioner of Police and Another

The applicant, Jack Coetzee, was arrested by Tshwane Metropolitan Police officers on 15 November 2009 after allegedly failing to stop at a roadblock and driving through a red traffic light. He was detained overnight at the Pretoria West Police Station on charges including failure to comply with instructions of a traffic officer and crimen injuria. His attorney unsuccessfully attempted to secure bail from police officials. An urgent bail application was brought in the North Gauteng High Court, which ordered his immediate release and later held that the arrest and detention were unlawful, making punitive de bonis propriis costs orders against several SAPS and Metro Police officials. The respondents appealed only the costs order to the Supreme Court of Appeal, which set aside the High Court’s decision and dismissed the bail application with costs. Coetzee then sought leave to appeal to the Constitutional Court against the Supreme Court of Appeal’s costs order.

Condonation for the late filing of the application for leave to appeal was granted, but leave to appeal was refused. The Supreme Court of Appeal’s costs order remained intact.

The case clarifies the Constitutional Court’s limited jurisdiction in relation to costs orders and underscores that not every matter involving constitutional rights gives rise to a constitutional issue. It reinforces that appeals to the Constitutional Court must be directed at genuine constitutional questions and not factual or discretionary matters such as costs, unless closely connected to a constitutional determination.