Except where the Court or the Chief Justice directs otherwise, no person shall be entitled to appear on behalf of any party at any proceedings of the Court unless he or she is entitled to appear in the high courts. Name(s) of the Defendant(s) or name of the Defendant’s Advocate and address for service. At 2:00 p.m. on September 10, 2020, the Court will hold an oral hearing for a constitutional review over Article 307 Section 1 of the Criminal Act filed on October 6, 2017 at its Grand Courtroom. In these Rules any word or expression to which a meaning has been assigned in the Constitution shall bear that meaning and, unless the context otherwise indicates-. If the respondent to a petition dies, the petition shall not on that account abate. In any matter, including any appeal, where there is a dispute over the constitutionality of any executive or administrative act or conduct or threatened executive or administrative act or conduct, or in any inquiry into the constitutionality of any law, including any Act of Parliament or that of a provincial legislature, and the authority responsible for the executive or administrative act or conduct or the threatening thereof or for the administration of any such law is not cited as a party to the case, the party challenging the constitutionality of such act or conduct or law shall, within five days of lodging with the Registrar a document in which such contention is raised for the first time in the proceedings before the Court, take steps to join the authority concerned as a party to the proceedings. The Chief Justice may assign the application to one or more judges, who may deal with the matter on the papers or require the parties to appear before him or her or them on a specified day and at a specified time to debate the compilation of the record. Copies of the record shall be clearly typed on stout A4-size paper, double-spaced in black record ink, on one side of the paper only. The petitioner shall, before or within seven days after lodging the notice of withdrawal, serve copies of the notice on each respondent who has complied with rule 6. All documents delivered to the Registrar to be filed in a case shall be filed by the Registrar in a case file under the number of such case. The Constitutional Court of Austria ruled Friday that the ban on wearing headscarves in elementary schools is unconstitutional as a violation of the principle of equality in connection with an individual’s right to religious freedom.. Oral argument shall not be allowed if directions to that effect are given by the Chief Justice. Directions with regard to any proceedings shall be furnished by the Registrar to the parties concerned within five days of such directions having been given. The respondent shall, immediately upon lodging the notice, serve a copy on the petitioner or on his or her advocate. The Court found that the Patent Act and existing regulations were constitutional stating that the price control of patented medicines in order to prevent them from being sold at excessive prices, has a logical, real and direct link with patents and does not unreasonably infringe on provincial powers. Such application shall be made in writing and shall set out the nature of the dispute between the parties in regard to the compilation of the record and the reasons for the appellant's contentions. An application in terms of subrule (1) shall on notice of motion be accompanied by an affidavit setting forth explicitly the circumstances that justify a departure from the ordinary procedures. The response shall be signed by the respondent or respondents or his or her or their legal representative. +27 11 359-7400 Recent Posts. CT Supreme Court rules Gov. The Registrar shall, after having inspected the court file concerned to verify the contents of the affidavit, furnish the party referred to in subrule (2) with a certified copy of the costs order concerned and shall record such furnishing on the Court file. shall be within twenty one days or as soon thereafter as may be practicable. When this is not done, the Registrar shall notify the party concerned to remove the articles forthwith and if they are not removed within six months thereafter, the Registrar shall destroy them or otherwise appropriately dispose of them. Whenever the Court makes an order declaring or confirming any law or provision thereof to be inconsistent with the Constitution under section 172 of the Constitution, the Registrar shall, not later than 15 days after such order has been made, cause such order to be published in the Gazette and in the relevant Provincial Gazette if the order relates to provincial legislation. deposit two hundred thousand shillings as security for costs. Its main authority is to rule on whether laws that are challenged are in fact unconstitutional, i.e. A petition under article 137(3) shall be in the form specified in the Schedule to these Rules. within the time stated in the said notice, notify the applicant and the Registrar in writing of his or her intention to oppose the application and shall in such notice appoint an address within 25 kilometres of the office of the Registrar at which he or she will accept notice and service of all documents in the proceedings; within 15 days of notifying the applicant of his or her intention to oppose the application lodge his or her answering affidavit, if any, together with any relevant documents, which may include supporting affidavits. The proviso to rule 4 (4) and the provisions of rule 4 (5) shall apply, with such modifications as may be necessary. that the Act of Parliament (state which Act); that the thing done in or under the authority of any law (state what law), grant an order of redress (        (state the redress, am (or we are) acting for myself (ourselves). the authority of any law is inconsistent with or in contravention of a provision of the Constitution; or. Any political party represented in the provincial legislature shall be entitled as of right to present oral argument to the Court, provided that such political party may be required to submit a written submission to the Court in advance of the oral argument. The Registrar shall not accept for lodging any document presented in a form not in compliance with these rules, but shall return it to the defaulting party indicating respects in which there has been a failure to comply: Provided that if new and proper copies of any such document are resubmitted within five days of receiving written notification, such lodging shall not be deemed late. Switchboard: +27 11 359-7400 director@concourt.org.za Constitutional Court , 1 Hospital Street , Constitution Hill , Braamfontein , 2017. Name(s) of the Accused person or the name of the Advocate of the Accused and address for service. Upon receipt of the referral, the matter shall be dealt with in accordance with directions given by the Chief Justice, which may include a direction-, requesting the relevant Speaker or the Chairperson of the National Council of Provinces, as the case may be, for such additional information as the Chief Justice may consider to be necessary or expedient to deal with the matter; and. (4) The Chief Justice presided over … All evidence at the trial in favour of or against a petition shall be by way of affidavit filed in Court. Oral argument shall be relevant to the issues before the Court and its duration shall be subject to such time limits as the Chief Justice may impose. a direction indicating that no written submissions or affidavits need be filed. The party in whose favour a costs order was made shall, where a costs order has not been complied with, fiile with the Registrar an affidavit setting out the details of the costs order and stating that the costs order has not been complied with or has not been complied with in full, as the case may be, and the amount outstanding, and shall request the Registrar to furnish him or her with a certified copy of such costs order. The Court may, in exceptional circumstances on application by a party to the petition, or of its own motion, adjourn the trial of a petition from time to time. Within 10 days from the date upon which an application referred to in subrule (2) is lodged, the respondent or respondents may respond thereto in writing, indicating whether or not the application for leave to appeal is being opposed, and if so the grounds for such opposition. If the Registrar on an application under subrule(4) is satisfied that all reasonable efforts have been made to effect personal service on the respondent but without success, the Registrar may order that service be effected in any of the other ways prescribed by Order V of the Civil Procedure Rules. Service of a document referred to in these Rules on a respondent shall be personal, except as provided in subrule (4). Argument may be addressed to the Court in any official language and the party concerned shall not be responsible for the provision of an interpreter. No power of attorney or authorisation to act shall be required to be lodged by anyone acting on behalf of the State. THE CONSTITUTIONAL COURT (PETITIONS AND REFERENCES) RULES, The Reference of the Hon. the decision against which the appeal is brought and the grounds upon which such decision is disputed; a statement setting out clearly and succinctly the constitutional matter raised in the decision; and any other issues including issues that are alleged to be connected with a decision on the constitutional matter; such supplementary information or argument as the applicant considers necessary to bring to the attention of the Court; and, a statement indicating whether the applicant has applied or intends to apply for leave or special leave to appeal to any other court, and if so-, whether such application is conditional upon the application to the Court being refused; and. The Rules of the Constitutional Court previously published shall be repealed on the date on which these rules come into operation: Provided that any directions in writing pertaining to the procedures to be followed in the determination of a dispute or an issue in cases already instituted shall remain in force, unless repealed in writing by the Chief Justice. The parties shall endeavour to reach agreement on what should be included in the record and, in the absence of such agreement, the appellant shall apply to the Chief Justice for directions to be given in regard to the compilation of the record. An application in terms of subrule (1) shall be lodged with the Registrar and served on all parties with a direct or substantial interest in the relief claimed and shall set out-. A person or organ of state entitled to do so and desirous of applying for the confirmation of an order in terms of section 172 (2) (d) of the Constitution shall, within 15 days of the making of such order, lodge an application for such confirmation with the Registrar and a copy thereof with the Registrar of the Court which made the order, whereupon the matter shall be disposed of in accordance with directions given by the Chief Justice. Dated this............................. day of...................................... 20... Judge/Magistrate of the.......................... Court. The Registrar may in exceptional circumstances accept documents at a time outside office hours, and shall do so when directed by a judge. Where an answering affidavit is lodged, the Registrar shall place the application before the Chief Justice within five days of the lodging of the replying affidavit. Such order shall be executed in accordance with the provisions of the Magistrates' Courts Act, 1944 (Act 32 of 1944), and the Magistrates' Courts Rules published under Government Notice R1108 of 21 June 1968, as amended, regarding warrants of execution against movable and immovable property and the issuing of emolument attachment orders and garnishee orders only. Presidential Elections (Election Petitions) Rules, 2001. Address for service. Your petitioner(s) state(s) that (here state the reasons relied on to show why the Act, or law, or thing done under the authority of law, or the act or omission, is inconsistent with or in contravention of the Constitution). The Court shall, in any case, fix the date for the trial of the petition within seven days after the due service of the petition on the respondent where the respondent has neither filed an answer to the petition nor filed a notice of intention not to oppose the petition. When an application is placed before the Chief Justice in terms of subrule (3) (c), he or she shall give directions as to how the application shall be dealt with and, in particular, as to whether it shall be set down for hearing or whether it shall be dealt with on the basis of written argument or summarily on the basis of the information contained in the affidavits. (1) Congress increased the number of justices on the Supreme Court. In any case, the Court or the Deputy Chief Justice may order that the Registry of the Court shall stay open on Sundays and public holidays to facilitate the filing and service of documents connected with the proceedings of the petition. Subject to the provisions of subrule (5), the Chief Justice shall determine the date on which oral argument will be heard, and the Registrar shall within five days of such determination notify all parties to the appeal of the date of the hearing by registered post or facsimile. done in or under the authority of any law (stating which law) was inconsistent with or in contravention of the Constitution). If a respondent upon whom a petition has been served, intends not to oppose the petition, he or she shall lodge a written notice of that intention signed by the respondent at the office of the Registrar at least three days before the day appointed for trial, exclusive of the day on which the notice is filed. App 70-2020 David Chimwanga vs The People Coram; Chisanga JP, Mulongoti, Siavwapa, JJA; App 195-2020 Duncan Mbembeta vs Charles Lundofu Coram; Chisanga JP, Mulongoti, Siavwapa, JJA The judges of the Constitutional Court took their seats on Wednesday afternoon and handed down their judgment. The Court may, of its own motion, examine any witness or call and examine or recall any witness if the Court is of the opinion that the evidence of the witness is likely to assist the Court to arrive at a just decision. 91. The original court being of the opinion that a substantial question of law as to the interpretation of the Constitution has arisen in the above proceedings. One of the copies of the record lodged with the Registrar shall be certified as correct by the Registrar of the court appealed from. 'affidavit' includes an affirmation or a declaration contemplated in section 7 of the Justices of the Peace and Commissioners of Oaths Act, 1963 (Act 16 of 1963); 'apply' means apply on notice of motion, and 'application' has a corresponding meaning; 'Chief Justice' means the Chief Justice of South Africa appointed in terms of section 174 (3) of the Constitution; 'Constitution' means the Constitution of the Republic of South Africa, 1996; 'Court' means the Constitutional Court established by section 166 (a) of the Constitution, read with item 16 (2) (a) of Schedule 6 to the Constitution; 'Court day' means any day other than a Saturday, Sunday or public holiday, and only Court days shall be included in the computation of any time expressed in days prescribed by these rules or fixed by any order of the Court; 'Deputy Chief Justice' means the Deputy Chief Justice appointed in terms of section 174 (3) of the Constitution; 'directions' means directions given by the Chief Justice with regard to the procedures to be followed in the conduct and disposition of cases; 'judge' means a judge or acting judge of the Court appointed under section 174 or 175 of the Constitution, sitting otherwise than in open court; 'law clinic' means a centre for the practical legal education of students in the faculty of law at a university in the Republic, and includes a law centre controlled by a non-profit organisation which provides the public with legal services free of charge and is certified as contemplated in section 3 (1) (f) of the Attorneys Act, 1979 (Act 53 of 1979); 'legal representative' means an advocate admitted in terms of section 3 of the Admission of Advocates Act, 1964 (Act 74 of 1964), or an attorney admitted in terms of section 15 of the Attorneys Act, 1979 (Act 53 of 1979); 'party' or any other reference to a litigant includes a legal representative appearing on behalf of a party, as the context may require; 'President' means the President of the Supreme Court of Appeal; 'Registrar' means the Registrar of the Court, and includes any acting or assistant Registrar of the Court, or in their absence any person designated by the Director of the Court; 'sheriff' means a person appointed in terms of section 2 of the Sheriffs Act, 1986 (Act 90 of 1986), and includes a person appointed in terms of section 5 or section 6 of that Act as an acting or a deputy sheriff, respectively, and a sheriff, an acting or a deputy sheriff appointed in terms of any law not yet repealed by a competent authority and in force immediately before the commencement of the Constitution, in any area which forms part of the national territory; 'Supreme Court of Appeal Rules' means the rules regulating the conduct of the proceedings of the Supreme Court of Appeal published under Government Notice R1523 of 27 November 1998; and. An application referred to in subrule (2) shall be signed by the applicant or his or her legal representative and shall contain-. the grounds on which it is contended that it is in the interests of justice that an order for direct access be granted; the nature of the relief sought and the grounds upon which such relief is based; whether the matter can be dealt with by the Court without the hearing of oral evidence and, if it cannot; how such evidence should be adduced and conflicts of fact resolved. If a record has been lodged in accordance with the provisions of paragraphs (b) and (c) of subrule (1), the Registrar shall cause a notice to be given to the parties to the appeal requiring-, the appellant to lodge with the Registrar written argument in support of the appeal within a period determined by the Chief Justice and specified in such notice; and. An order of Court dealing with costs may make provision for the payment of costs incurred by or as a result of the intervention of an amicus curiae. THE CONSTITUTIONAL COURT (PETITIONS AND REFERENCES) RULES, 2005. Constitutional Court rules 2 NCPO Orders unconstitutional. The respondent shall, immediately upon lodging his or her answer with the Registrar, serve a copy of the answer on the petitioner or his or her advocate. setting out the length of the record, or if the record consists of evidence that has not been transcribed, an estimate of the length of the record and the time required for transcription; whether there are any special circumstances that may require a hearing of more than one day or which might otherwise be relevant to the directions to be given by the Chief Justice. or which authority) is inconsistent with or in contravention of a provision of the, Constitution namely                                                           (state what was, inconsistent with or in contravention of which provision of the Constitution), was inconsistent with or in contravention of the Constitution (state which provision of the Constitution). Any party to any proceedings before the Court and an amicus curiae properly admitted by the Court in any proceedings shall be entitled, in documents lodged with the Registrar in terms of these rules, to canvass factual material that is relevant to the determination of the issues before the Court and that does not specifically appear on the record: Provided that such facts-, are common cause or otherwise incontrovertible; or. A litigant who is aggrieved by the decision of a court and who wishes to appeal against it directly to the Court on a constitutional matter shall, within 15 days of the order against which the appeal is sought to be brought and after giving notice to the other party or parties concerned, lodge with the Registrar an application for leave to appeal: Provided that where the President has refused leave to appeal the period prescribed in this rule shall run from the date of the order refusing leave. Subject to the provisions of rule 31, an amicus curiae shall be limited to the record on appeal or referral and the facts found proved in other proceedings and shall not add thereto and shall not present oral argument. The Registrar of the original court shall submit to the Court eight copies of the reference and a reference shall be accompanied by a copy of the record of proceedings of the original court. 'Uniform Rules' means the rules regulating the conduct of the proceedings of the several provincial and local divisions of the high courts published under Government Notice R48 of 12 January 1965, as amended. The Constitutional Court upheld Kurti’s argument, declaring that Arifi’s vote was invalid. Where the respondent wishes to oppose the petition, the respondent shall, within seven days after the petition was served on him or her, file an answer to the petition. This email address is being protected from spambots. With the leave of the Court, any person swearing an affidavit which is before the Court, may be cross examined or recalled as a witness if the Court is of the opinion that the evidence of the witness is likely to assist the Court to arrive at a just decision. are of an official, scientific, technical or statistical nature capable of easy verification. Where a respondent cannot be found within five days for effecting personal service on him or her, the petitioner or his or her advocate shall immediately make an application to the Registrar supported by an affidavit, stating that all reasonable efforts have been made to effect personal service on the respondent but without success. The respondent may respond to the application within 10 days of being served with the application and shall set out the reasons for the respondent's contentions. The office of the Registrar shall be open from 08:30 to 13:00 and from 14:00 to 15:30 on Court days. sought) or refer the matter to the High Court to investigate and determine an appropriate redress. There shall be four terms in each year as follows: A case may be heard out of term if the Chief Justice so directs. A petition shall abate by the death of a sole petitioner or by the death of the survivor of two or more petitioners unless the cause of action survives or continues. News Hong Kong's top court rules 2019 mask ban constitutional. The petitioner shall, subject to the directions of the Court, supply any particulars requested under subrule (7) within fourteen days after the service on the petitioner of a request for the particulars by the respondent. Whenever all parties, at any stage of the proceedings, lodge with the Registrar an agreement in writing that a case be withdrawn, specifying the terms relating to the payment of costs and payment to the Registrar of any fees that may be due, the Registrar shall, if the Chief Justice so directs, enter such withdrawal, whereupon the Court shall no longer be seized of the matter. The Chief Justice may amend the terms, conditions, rights and privileges agreed upon as referred to in subrule (1). calling upon all interested political parties in the national Parliament or the provincial legislature concerned, as the case may be, who may wish to do so to make such written submissions as are relevant to the determination of the issue within a period to be specified in such direction. The applicant may lodge a replying affidavit within 10 days of the service upon him or her of the affidavit and documents referred to in paragraph (a) (ii). After the conclusion of the proceedings in the Court, any original records and papers transmitted to the Court by any other court shall be returned to the court from which they were received. Constitutional Court's recent decision Facts Applicant's claims Constitutional Court's assessment Comment. Where a notice is filed under subrule (1), the Registrar shall forthwith serve a copy of the notice on the Attorney General, if the Attorney General is not a party, and post up a copy of the notice on the Court notice board. contravention                  of                 the                 Constitution                  for. by posting up a notice on the Court notice board; by serving a copy of the notice on each party to the proceedings and on, If, after notice of trial has been given as provided in this rule, and before the trial has begun the Registrar receives—, information of the death of a sole petitioner or the death of the survivor, notice of the petitioner’s intention to apply for leave to withdraw the. briefly describe the interest of the amicus curiae in the proceedings; briefly identify the position to be adopted by the amicus curiae in the proceedings; and. 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