Hansmann (CCT 3/01), Ex parte [2001] ZACC 13; 2001 (2) SA 852 (CC); 2001 (4) BCLR 311 (22 February 2001)

Hansmann (CCT 3/01), Ex parte [2001] ZACC 13; 2001 (2) SA 852 (CC); 2001 (4) BCLR 311 (22 February 2001)

The Constitutional Court declined to consider the application for special leave to appeal because the applicant was a fugitive from justice and had withheld this fact from the Court. The Court held that it would not be appropriate to entertain an application from a person who is evading the law and failing to disclose material facts relevant to the proceedings.

Citation
[2001] ZACC 13
Parties
Applicant: Carl Hansmann
Court
Constitutional Court
Jurisdiction
South Africa
Judgment Date
22 February 2001
Case Number
CCT 3/01
Procedural Posture
Leave to Appeal / Application for Special Leave to Appeal
Outcome
Application for special leave to appeal declined.
Judges
Chaskalson, Ackermann, Goldstone, Kriegler, Madala, Mokgoro, Ngcobo, Sachs, Yacoob, Madlanga, Somyalo
Legal Topics
Leave to Appeal, Fugitive From Justice, Drug Offences
Criminal Law Constitutional Law Leave to Appeal Fugitive From Justice Drug Offences

Case Brief

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Parties

Carl Hansmann

Applicant

Procedural Posture

Leave to Appeal / Application for Special Leave to Appeal

Legal Issues

  1. 1 Whether the Constitutional Court should grant special leave to appeal to an applicant who is a fugitive from justice.
  2. 2 Whether the applicant's failure to disclose his fugitive status affects the consideration of his application.

Ratio Decidendi

The Constitutional Court declined to consider the application for special leave to appeal because the applicant was a fugitive from justice and had withheld this fact from the Court. The Court held that it would not be appropriate to entertain an application from a person who is evading the law and failing to disclose material facts relevant to the proceedings.

Court Disposition

Application for special leave to appeal declined.

Orders

  • The application for special leave to appeal is refused.