oa De Rebus - Direct access to the Constitutional Court
|Article Title||Direct access to the Constitutional Court|
|© Publisher:||Law Society of South Africa|
|Author||L.** Hopkins, K.* & Franca|
|Publication Date||Oct 2004|
|Pages||28 - 29|
|Keyword(s)||Appellate court, Constitutional Court and Direct access|
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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