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South African Municipal Workers Union v City of Cape Town and Others 2002 (10) BCLR 1083 (CC). – practice – direct access – circumstances in which direct access will be granted – constitutional issue raised by applicant one of considerable importance to both the legal profession and the general public – question involved forming part of a wider debate surrounding transformation of the legal profession and its place in the constitutional order – determination of question also involving resolution of factual disputes – undesirable that Constitutional Court be required to consider matters involving factual disputes as a court of first and final instance – application for direct access refused. Van der Spuy v General Council of the Bar of South Africa and Others 2002 (10) BCLR 1092 (CC). – practice – urgent hearing – so-called “floor-crossing legislation” and amendments to “anti-defection” provisions – postponement of hearing becoming necessary – order made regulating further conduct of proceedings – order including provisions to preserve the status quo pending Constitutional Court’s decision on the constitutionality of the impugned legislation – such order made so as to avoid an undesirable situation eventuating in which the political control of a legislature might be changed as a result of reliance on the new package of legislation before the Court had had an opportunity to decide on its constitutionality – possibility of action giving rise to political instability – order designed to ensure that the situation as it obtained prior to the enactment of the impugned legislation would be preserved pending a final decision of the matter by the Constitutional Court. United Democratic Movement v President of the RSA and Others (2) 2002 (11) BCLR 1213 (CC). Courts – independence and impartiality – constitutional requirement that courts be independent and subject only to the Constitution and the law – concept of judicial independence in a constitutional democracy that recognises the doctrine of the separation of powers discussed in general. Van Rooyen and Others v S and Others 2002 (8) BCLR 810 (CC). – independence and impartiality – constitutional requirement that courts be independent and subject only to the Constitution and the law – section 165 of the final Constitution – constitutional requirement that “other judicial officers” be appointed in terms of an Act of Parliament which must ensure that the appointment, promotion, transfer or dismissal of, or disciplinary steps against, such judicial officers take place without favour or prejudice – section 174 (7) of the final Constitution – High Court having declared various provisions of the Magistrates Act 90 of 1993, the Magistrates’ Courts’ Act 32 of 1944 and various of the regulations made under the Magistrates Act 90 of 1993 and under section 16 of the Magistrates’ Courts Act 32 of 1944 to be unconstitutional and invalid – Constitutional Court setting aside some of the declarations of invalidity of the Court a quo, adapting some of the orders of invalidity of the Court a quo, and confirming others. Van Rooyen and Others v S and Others 2002 (8) BCLR 810 (CC). – independence and impartiality – constitutional requirement that courts be independent and subject only to the Constitution and the law – concept of judicial independence in a constitutional democracy that recognises the doctrine of the separation of powers discussed in general. Van Rooyen and Others v S and Others 2002 (8) BCLR 810 (CC). – Magistrates’ Courts – High Court having declared various provisions of the Magistrates Act 90 of 1993, the Magistrates’ Courts Act 32 of 1944 and various of the regulations made under the Magistrates Act 90 of 1993 and under section 16 of the Magistrates’ Courts Act 32 of 1944 to be unconstitutional and invalid – Constitutional Court setting aside some of the declarations of invalidity of the Court a quo, adapting some of the orders of invalidity of the Court a quo, and confirming others. Van Rooyen and Others v S and Others 2002 (8) BCLR 810 (CC). Criminal procedure – bail – release on warning in lieu of bail – section 72 of the Criminal Procedure Act 51 of 1977 – failure to appear before court – summary enquiry into failure to appear – section 72 (4) – High Court having declared that the words “in a summary manner enquire into his failure and, unless such accused or such person satisfies the court that his failure was not due to fault on his part, sentence him to a fine not exceeding R300 or to imprisonment for a period not exceeding three months” and specifically the words “unless such accused or such person satisfies the court that his failure was not due to fault on his part” in section 72 (4) of Act 51 of 1977 to be inconsistent with the Constitution and accordingly invalid – Constitutional Court declining to confirm the declaration of invalidity, but declaring the omission from section 72 (4) between the words “that” and “his failure” of the words “there is a reasonable possibility that” to be inconsistent with the Constitution, and ordering that section 72 (4) to be read as though the words “there is reasonable possibility that” appear therein between the words “that” and “his failure”.
Approximate Word count = 3368
Approximate Pages = 13.5
(250 words per page double spaced)
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