Justice Alliance of South Africa v Minister for Safety and Security and Others

The Justice Alliance of South Africa sought leave to appeal to the Constitutional Court against an adverse costs order made by the Supreme Court of Appeal (SCA). The underlying litigation concerned whether guidelines issued by the Minister for Safety and Security under section 137 of the Firearms Control Act 60 of 2000, governing compensation for voluntarily surrendered firearms, were ultra vires the Act. The applicant had previously obtained a declaratory order compelling the Minister to promulgate guidelines after a prolonged failure to do so. When the guidelines were issued, the applicant challenged them in the High Court as unconstitutional and ultra vires, but later confined its case to an ultra vires challenge. The High Court made no costs order. The SCA dismissed the appeal and ordered the applicant to pay costs, finding that no constitutional issue was raised and that the applicant primarily represented firearm owners with a financial interest. The applicant approached the Constitutional Court seeking to overturn the SCA costs order, relying on the Biowatch principle.

Leave to appeal was refused. No order as to costs was made in the Constitutional Court.

The case clarifies the limits of the Biowatch principle and confirms that not every legality or ultra vires challenge qualifies as exceptional constitutional litigation for purposes of costs protection. It underscores that litigants must demonstrate a genuine and substantive constitutional issue, often involving the vindication of a Bill of Rights right, to justify appeals on costs alone. The decision reinforces judicial restraint in entertaining costs-only appeals.