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The interpretation given by Jafta J to the phrase 'without lawful cause' in s 125(5)(b) of the 1989 Act is approved and applied to s 68(6)(b) of the 1996 Act.
Authority for mootness principles and when it is in the interests of justice to decide moot matters.
This judgment applies Marvanic's ruling that s 68(6) of the National Road Traffic Act prohibited the appellants from possessing the vehicles even if they were…
Cited in relation to the Constitutional Court's approach to hearing appeals whose issues have gone dead.
Cited as an example of a case where issues were wholly academic and of historical interest only.
Cited for the interpretation of s 68 of the National Road Traffic Act regarding the meaning of 'lawful cause' in the context of possession of vehicles with…
Cited on the question of mootness and whether a judgment will have a practical effect on the parties.
A court must exercise judicial discretion on mootness considering factors such as practical effect of an order.
Referred to in National Coalition for Gay and Lesbian Equality for the definition that a case is moot if it no longer presents an existing or live controversy.
Applied for the principle that courts will not exercise discretion to decide abstract, academic or hypothetical points.
Cited for the principle that a declaration of invalidity will not be given when the matter is of little practical significance.
Cited for the policy that courts should not exercise their discretionary power to grant declaratory relief in favour of deciding points that are merely…
Cited for the principle that courts do not give advisory opinions on future events based on hypothetical possibilities.
Cited for the principle regarding when a cause of action is moot only if its resolution will have no practical effect.
Cited by Didcott J for the proposition that wholly academic issues presenting no live interest are moot.
Previous Supreme Court of Appeal authority that the Constitutional Court distinguishes regarding the return of tampered vehicles.
Followed and applied to hold that s 68(6)(b) of the Act precluded possession of motor vehicles whose registration and chassis numbers had been tampered with,…
Applied for the principle that s 68(6)(b) of the National Road Traffic Act prohibits possession of vehicles that have been tampered with even by their owners.
Applied for the judicial policy that courts should not exercise their discretion in favour of deciding points that are merely abstract, academic or…
Cited for the principle of mootness and when a court may decide a constitutional matter even if it has no practical value to the litigants.
Cited by the SCA in National Coalition for Gay and Lesbian Equality regarding the definition of mootness and justiciability, and also cited by the…
Cited in the National Coalition case for the definition and principle concerning mootness and justiciability.
This case is cited for the principle that where no live controversy exists, judicial resources should not be used for advisory opinions or abstract…
Cited in footnote 18 of National Coalition for Gay and Lesbian Equality regarding mootness and justiciability.
Cited for the general principle on mootness.
Cited for the principle that it is not the function of this court to act as adviser.
Applied to determine when a court should decide a constitutional matter; court held that abstract or hypothetical issues that produce no tangible result need…
The court distinguishes this case dealing with mootness in the context of repealed legislation from the present case.
Distinguished by Goldstone J from the present case because in JT Publishing the legislation was about to be repealed, rendering the challenge moot, whereas…
Cited as a case where issues were found to be wholly academic and of historical interest only, illustrating the concept of mootness.
Cited for the principle that judicial resources should be efficiently employed and not be used for advisory opinion or abstract propositions of law.