As a general principle, courts would decline to hear matters in which there is no live or existing controversy. This is to avoid pronouncing upon issues which have become academic and have no practical effect. But the fact that a case has become moot between the parties should not constitute an absolute bar to the justiciability of an issue, particularly in constitutional matters. It is a matter to be decided in the discretion. In the exercise of a discretion, an important factor to be court’s court’s considered is whether the order will have any practical effect upon the parties court’s or on others and for achieving legal certainty. This is the approach adopted both in South Africa and in England. In R v Security of State for the Home Department, Ex parte Salem, it was said by Lord Slynn of Hadley: to hear disputes, even in the area of public law, must, however be ‘The discretion exercised with caution and appeals which are academic between the parties should not be heard unless there is a good reason in the public interest for doing so, as for example (but only by way of example) when a discrete point of statutory construction arises which does not involve detailed consideration of facts and where a large number of similar cases exist or are anticipated so that the issue will most likely need to be resolved in the near future.’ Although the substantive issue is now moot between the parties, it should be noted that the question of costs remains live as the High Court made an adverse costs order against the PG. Ordinarily, however, a continuing dispute about a costs order will not suffice on its own for the court to exercise its discretion to determine an issue that is no longer live between the parties. In this case, there are two reasons why it is appropriate for this court to decide the issue in this appeal. First, the order
As a general principle, courts would decline to hear matters in which there is no live or existing controversy. This is to avoid pronouncing upon issues which have become academic and have no practical effect. But the fact that a case has become moot between the parties should not constitute an absolute bar to the justiciability of an issue, particularly in constitutional matters. It is a matter to be decided in the court’s discretion. In the exercise of a court’s discretion, an important factor to be considered is whether the court’s order will have any practical effect upon the parties or on others and for achieving legal certainty. This is the approach adopted both in South Africa and in England. In R v Security of State for the Home Department, Ex parte Salem, it was said by Lord Slynn of Hadley: ‘The discretion to hear disputes, even in the area of public law, must, however be exercised with caution and appeals which are academic between the parties should not be heard unless there is a good reason in the public interest for doing so, as for example (but only by way of example) when a discrete point of statutory construction arises which does not involve detailed consideration of facts and where a large number of similar cases exist or are anticipated so that the issue will most likely need to be resolved in the near future.’ Although the substantive issue is now moot between the parties, it should be noted that the question of costs remains live as the High Court made an adverse costs order against the PG. Ordinarily, however, a continuing dispute about a costs order will not suffice on its own for the court to exercise its discretion to determine an issue that is no longer live between the parties. In this case, there are two reasons why it is appropriate for this court to decide the issue in this appeal. First, the order
Prosecutor%20General%20of%20the%20Republic%20of%20Namibia%20v%20Minister%20of%20Justice%20%20(SA%2062-2013)%20%5B2015%5D%20NASC%20(19%20August%202015).docx