12
Judgment No. CCZ 3/18
Constitutional Application No. CCZ 15/18
In order for direct access to be granted, the applicants had to show that they had
prospects of success in the main matter. In Transvaal Agricultural Union v Minister of Land
Affairs and Another 1996 (12) BCLR 1573, 1997 (2) SA 621 (CC) at para [46], the
Constitutional Court of South Africa said in part:
“[46] The applicant has failed to establish that this is a case in which the
ordinary procedures ought not to have been followed. There are important issues which
are within the jurisdiction of the Supreme Court and which need to be resolved by it
before this Court is approached for relief. As far as the other issues are concerned there
is neither the urgency nor the prospects of success necessary to justify direct access to
this Court. The application for direct access must therefore be dismissed. (my
emphasis)
In Bruce and Another v Fleecytex Johannesburg CC and Others 1998 (2) SA 1143
(CC), 1998 (4) BCLR 415 (CC) at para [7], CHASKALSON P remarked:
“[7] Whilst the prospects of success are clearly relevant to applications for
direct access to this Court, there are other considerations which are at least of equal
importance. This Court is the highest Court on all constitutional matters.” (my
emphasis)
The correct approach in dealing with an application for an order of direct access to the
Court is one that accepts the principle that all relevant factors required to be taken into account
must be made available for consideration. The Court or Judge must consider all the relevant
factors in deciding the question whether the interests of justice would be served by an order
granting direct access to the Court. The weight placed on the different factors in the process of
decision making will depend on the circumstances of each case and the broader interests of a
society governed by the rule of law.