Breaking; Constitutional Court Refuses ECL Appeal….”don’t appeal to us directly”
The Constitutional Court of South Africa has ruled;
“Constitutional Court has considered the application for leave to appeal directly to it and has concluded that no case has been made out for a direct appeal. Consequently, leave to appeal must be refused.”
Order:
“Leave to appeal directly to this Court is refused.”
A matter remains in the Gauteng High Court for leave of appeal, and hearing was adjourned sine die awaiting determination by Constitutional Court.
What Does this Ruling by Constitution Court
It means the Constitutional Court (CC), South Africa’s highest court, has closed a shortcut that the applicant (likely the State) was trying to take. The applicant’s case has been stopped at the first hurdle and must now follow the normal, longer path through the court system, if it can.
Detailed Explanation
1. The “Direct Appeal” They Requested
Normally, a case travels up through the court hierarchy:
1.High Court (the first court to hear a major case)
2.Supreme Court of Appeal (SCA) (hears appeals from the High Court)
3.Constitutional Court (the highest court for constitutional matters)
A “direct appeal” (or “leapfrog appeal”) is a request to skip the Supreme Court of Appeal entirely and go straight from the High Court to the Constitutional Court.This is very rare.
2. Why the Court Refused It
The Constitutional Court only allows a direct appeal under exceptional circumstances. The applicant must prove that:
It is in the interests of justice to hear the matter directly.
The case raises a novel and important point of law of general public importance that only the CC can resolve. There is a reasonable prospect of success on the merits of the appeal.
By saying “no case has been made out for a direct appeal,” the CC is declaring:
The applicant failed to convince them that this case is so urgent or unique that it justifies skipping the SCA.
The normal appeals process should be followed.
3.What Happens Next
The High Court’s original decision stands for now.If the applicant lost in the High Court and was trying to appeal that loss directly to the CC, that loss remains in effect.
The applicant’s main option now is to appeal to the Supreme Court of Appeal (SCA) in Bloemfontein. They must start that process from the beginning.
If they lose at the SCA, they could then try to appeal to the Constitutional Court, but they would have to prove the case involves a constitutional matter.
The writer of this article is most likely a PF stooge, he thinks most readers are fools!
The applicant to the SA Con Court in this case is NOT the state – its the Lungu family that was trying to get a short cut to the Con Court, and rightly so, this case has been thrown out.
The remaining option for the family is to appeal to the Supreme court, which, based on the arguments in the lower court, will end up with the same result – they will lose the case.
Better be humble, take sound legal advise, rather than ntota, pompousess without basis.
Epo mpelele
Who does this rotten baboon think he can cheat that it’s the state???? It’s his fellow nincompoops that thought they could dribble the SA courts using that black fake Rasta grizzly. Shame!!!!
What rock does this writer thinking we have been hiding under!? Trying to spin things that it is the state that took the matter to the Constitutional Court!! Desperation is now setting in. The writing is on the wall.
The short cut itself has just quickened the closure to the case.If the South Africa Constitutional Court has not seen any new thing to warrant the appeal action to succeed then the lower court has been simply directed to adhere to it’s earlier judgement.If anything it’s over.
Rasta who has never lost any case misled the entire stubborn lungu family. These ECL team he has left with us is really stubborn and rigid like stones.
Mrs Esther Lungu hard hearted, Makebi Zulu is a go go forward type of person even when there is no way! I ve never seen such people in my 66 years. No wonder some section of our population is wondering what is in that casket.