Bruce and Another v Fleecytex Johannesburg CC and Others (CCT1/98) [1998] ZACC 3; 1998 (2) SA 1143; 1998 (4) BCLR 415 (24 March 1998)

Bruce and Another v Fleecytex Johannesburg CC and Others (CCT1/98) [1998] ZACC 3; 1998 (2) SA 1143; 1998 (4) BCLR 415 (24 March 1998)

The Constitutional Court held that the applicants failed to establish exceptional circumstances justifying direct access. The constitutional issue regarding section 150(3) of the Insolvency Act was not raised before the High Court, which had jurisdiction to consider such matters and grant interim relief. The applicants did not exhaust available remedies and launched the application on the incorrect assumption that only the Constitutional Court could grant relief. The urgency and public importance claimed were not substantiated, and the relief sought could have been pursued through ordinary procedures. The Court emphasized that direct access is reserved for cases where ordinary procedures...

Citation
[1998] ZACC 3
Parties
Applicant: Elmarie Madelyn Bruce; Applicant: Baby Angel CC; Respondent: Fleecytex Johannesburg CC; Respondent: The Liquidator of Baby Angel CC; Respondent: The Master of the High Court, Pretoria
Court
Constitutional Court
Jurisdiction
South Africa
Judgment Date
24 March 1998
Case Number
CCT1/98
Procedural Posture
Direct Access Application / Application for Direct Access to Constitutional Court
Outcome
Application for direct access dismissed.
Judges
Chaskalson P, Langa DP, Ackermann J, Goldstone J, Kriegler J, Madala J, Mokgoro J, O'Regan J, Sachs J, Yacoob J
Legal Topics
Direct Access, Constitutional Invalidity, Right of Access to Court, Liquidation Procedure, Suspension of Orders
Constitutional Law Civil Procedure Direct Access Constitutional Invalidity Right of Access to Court Liquidation Procedure Suspension of Orders

Case Brief

Summary, issues, holding and outcome

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Parties

Elmarie Madelyn Bruce

Applicant

Baby Angel CC

Applicant

Fleecytex Johannesburg CC

Respondent

The Liquidator of Baby Angel CC

Respondent

The Master of the High Court, Pretoria

Respondent

Procedural Posture

Direct Access Application / Application for Direct Access to Constitutional Court

Legal Issues

  1. 1 Whether the application for direct access to the Constitutional Court meets the threshold of exceptional circumstances required by Rule 17 and section 167(6) of the Constitution.
  2. 2 Whether section 150(3) of the Insolvency Act is unconstitutional for depriving parties of the right of access to court pending appeal against liquidation or sequestration orders.
  3. 3 Whether the applicant exhausted available remedies in the High Court before approaching the Constitutional Court directly.

Ratio Decidendi

The Constitutional Court held that the applicants failed to establish exceptional circumstances justifying direct access. The constitutional issue regarding section 150(3) of the Insolvency Act was not raised before the High Court, which had jurisdiction to consider such matters and grant interim relief. The applicants did not exhaust available remedies and launched the application on the incorrect assumption that only the Constitutional Court could grant relief. The urgency and public importance claimed were not substantiated, and the relief sought could have been pursued through ordinary procedures. The Court emphasized that direct access is reserved for cases where ordinary procedures...

Court Disposition

Application for direct access dismissed.

Orders

  • The application for direct access to the Constitutional Court is dismissed.