oa De Rebus - Direct access to the Constitutional Court



The Constitutional Court was conceived, primarily, as an appellate court (see also our article 'In which forum to litigate?' in 2004 (Sept) DR 30 and 'Step-by-step' practice note 'Appeals to the Constitutional Court' in 2004 (Aug) DR 32). There are, however, two ways in which the court can be approached as a court of first instance - firstly, where the court has exclusive jurisdiction over the dispute and secondly, where it is in the interests of justice.


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