Omar (CCT32/03), Ex parte [2003] ZACC 13; 2006 (2) SA 284 (CC); 2003 (10) BCLR 1087 (CC) (11 September 2003)

Omar (CCT32/03), Ex parte [2003] ZACC 13; 2006 (2) SA 284 (CC); 2003 (10) BCLR 1087 (CC) (11 September 2003)

The Constitutional Court held that the applicant failed to demonstrate exceptional circumstances warranting direct access for a constitutional challenge to section 8 of the Domestic Violence Act. The matter is of constitutional significance but not of such urgency that it should bypass the High Court's consideration. The High Court erred in striking the matter from the roll solely due to the absence of affidavits from the executive, but this does not justify direct access. The applicant is entitled to re-enrol his application in the High Court. Additionally, the applicant's refusal to comply with procedural requirements regarding the number of copies to be lodged, without seeking...

Citation
[2003] ZACC 13
Parties
Applicant: Ahmed Raffik Omar; Respondent: Government of South Africa; Respondent: Minister of Justice; Respondent: Ms Halima Joosab
Court
Constitutional Court
Jurisdiction
South Africa
Judgment Date
11 September 2003
Case Number
CCT 32/03
Procedural Posture
Direct Access Application / Application for Direct Access to Constitutional Court After High Court Struck Matter From Roll
Outcome
Application for direct access dismissed.
Legal Topics
Direct Access, Constitutional Invalidity, Domestic Violence Act, Protection Order Procedure
Constitutional Law Family and Children Direct Access Constitutional Invalidity Domestic Violence Act Protection Order Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Ahmed Raffik Omar

Applicant

Government of South Africa

Respondent

Minister of Justice

Respondent

Ms Halima Joosab

Respondent

Procedural Posture

Direct Access Application / Application for Direct Access to Constitutional Court After High Court Struck Matter From Roll

Legal Issues

  1. 1 Whether exceptional circumstances exist to justify direct access to the Constitutional Court for a challenge to section 8 of the Domestic Violence Act.
  2. 2 Whether the failure of the executive to oppose or explain its position on constitutional invalidity deprives the applicant of relief.
  3. 3 Whether the High Court erred in striking the matter from the roll due to lack of affidavits from the executive.

Ratio Decidendi

The Constitutional Court held that the applicant failed to demonstrate exceptional circumstances warranting direct access for a constitutional challenge to section 8 of the Domestic Violence Act. The matter is of constitutional significance but not of such urgency that it should bypass the High Court's consideration. The High Court erred in striking the matter from the roll solely due to the absence of affidavits from the executive, but this does not justify direct access. The applicant is entitled to re-enrol his application in the High Court. Additionally, the applicant's refusal to comply with procedural requirements regarding the number of copies to be lodged, without seeking...

Court Disposition

Application for direct access dismissed.

Orders

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