n South African Journal of Criminal Justice - Criminal procedure : case review

Volume 20, Issue 2
  • ISSN : 1011-8527
  • E-ISSN: 1996-2118



Constitutional Court Rule 10(1) confers upon the court a discretion to admit an amicus curiae to any proceedings on the basis that such person has an interest in any matter before the court and that all other parties to the matter have consented. But even where such consent has not been secured a person can be admitted as an amicus on application to the Chief Justice in terms of Rule 10(4). However, the Constitutional Court was at pains to point out in 2006 (2) SACR 350 (CC) that admission as an amicus is not purely dependent upon the consent of the parties or an application to the Chief Justice.

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