South Africa Case Law

Beyers v Eleven Judges of the Constitutional Court (CCT25/02)

Beyers v Eleven Judges of the Constitutional Court (CCT25/02) [2002] ZACC 19; 2002 (6) SA 630; 2002 (10) BCLR 1001 (10 September 2002)

Court

Constitutional Court

Case number

CCT25/02

Judges

Chaskalson HR, Langa AHR, Ackermann R, Goldstone R, Kriegler R, Madala R, Mokgoro R, Ngcobo R, O'Regan R, Sachs R, Yacoob R

The application was dismissed on both procedural and substantive grounds. Procedurally, the applicant failed to comply with the requirements for direct access to the Constitutional Court, as he did not motivate why the interests of justice warranted such access. Substantively, the relief sought was based on a misunderstanding of the law: courts of final instance, including the Constitutional Court and the Supreme Court of Appeal, are not required to provide reasons when refusing leave to appeal. This practice is justified by policy and practical considerations, including the need to control t…

Source excerpt

• Direct Access To Constitutional Court
• Judicial Immunity
• Reasons For Refusal Of Leave To Appeal
• Constitutional Right To Appeal