Van der Merwe v National Director of Public Prosecutions and Others (373/09)
Van der Merwe v National Director of Public Prosecutions and Others (373/09) [2010] ZASCA 129; 2011 (1) SACR 94 (SCA) ; [2011] 1 All SA 600 (SCA) (30 September 2010)
The Supreme Court of Appeal held that even if the appellant had established that the DSO acted outside its mandate and unconstitutionally, the court was not obliged to issue a declaratory order under section 172(1) of the Constitution in the absence of consequent relief. The court emphasized that preliminary litigation of this nature should be discouraged, as it serves only to delay the criminal trial and pre-empt issues best resolved by the trial court, such as admissibility of evidence and fair trial rights. The appellant's application was dismissed as the issues raised were not appropriate…
Source excerpt
- Section 172 Constitution
- Fair Trial Rights
- Exchange Control Regulations
- Preliminary Litigation
- Mandate Of Dso
- Admissibility Of Evidence