Mtotywa and Others v Director of Public Prosecutions (Mthatha) (CCT61/05) [2005] ZACC 23; 2006 (4) BCLR 459 (CC) (14 December 2005)

Mtotywa and Others v Director of Public Prosecutions (Mthatha) (CCT61/05) [2005] ZACC 23; 2006 (4) BCLR 459 (CC) (14 December 2005)

The Constitutional Court held that the applicants had exhausted all ordinary appeal procedures and that the High Court was functus officio regarding the special entry under section 317 of the Criminal Procedure Act. The Court found no exceptional circumstances justifying direct access, nor any reason why it was better placed than other courts to hear the matter. The application for direct access was therefore dismissed, as it was not in the interests of justice to grant it.

Citation
[2005] ZACC 23
Parties
Applicant: Malibongwe Mtotywa; Applicant: Andile Mjayezi; Applicant: Kocket Zele; Applicant: Landela Siqondifatyi; Applicant: Gcinibandla Gxiva; Respondent: Director of Public Prosecutions (Mthatha); Respondent: Atkin F. Noxaka
Court
Constitutional Court
Jurisdiction
South Africa
Judgment Date
14 December 2005
Case Number
CCT61/05
Procedural Posture
Direct Access Application / Application for Direct Access to the Constitutional Court Following Exhaustion of Ordinary Appeal Procedures.
Outcome
Application for direct access to the Constitutional Court dismissed.
Judges
Langa, Moseneke, Mokgoro, Ngcobo, Sachs, Skweyiya, Van der Westhuizen, Yacoob
Legal Topics
Right to Fair Trial, Ineffective Assistance of Counsel, Special Entry Criminal Procedure Act, Direct Access, Section 35 Constitution
Criminal Law Constitutional Law Right to Fair Trial Ineffective Assistance of Counsel Special Entry Criminal Procedure Act Direct Access Section 35 Constitution

Case Brief

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Parties

Malibongwe Mtotywa

Applicant

Andile Mjayezi

Applicant

Kocket Zele

Applicant

Landela Siqondifatyi

Applicant

Gcinibandla Gxiva

Applicant

Director of Public Prosecutions (Mthatha)

Respondent

Atkin F. Noxaka

Respondent

Procedural Posture

Direct Access Application / Application for Direct Access to the Constitutional Court Following Exhaustion of Ordinary Appeal Procedures.

Legal Issues

  1. 1 Whether the applicants are entitled to a special entry under section 317 of the Criminal Procedure Act after exhausting all appeal procedures.
  2. 2 Whether the alleged incompetence of legal representation constituted an irregularity resulting in an unfair trial under section 35(3) of the Constitution.
  3. 3 Whether exceptional circumstances exist to justify direct access to the Constitutional Court.

Ratio Decidendi

The Constitutional Court held that the applicants had exhausted all ordinary appeal procedures and that the High Court was functus officio regarding the special entry under section 317 of the Criminal Procedure Act. The Court found no exceptional circumstances justifying direct access, nor any reason why it was better placed than other courts to hear the matter. The application for direct access was therefore dismissed, as it was not in the interests of justice to grant it.

Court Disposition

Application for direct access to the Constitutional Court dismissed.

Orders

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