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-. 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. If all the parties to the petition consent to the withdrawal of the petition, the petitioner may lodge in the appropriate registry the document or documents signifying the consent of the parties; and the petition shall then be dismissed without costs. Any document lodged with the Registrar and made part of the Court's records shall not thereafter be withdrawn permanently from the official court files. The Court shall decide whether or not to grant the appellant leave to appeal. 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 Any person or party wishing to oppose the application shall, within 10 days after the lodging of such application, notify the applicant and the Registrar in writing of his or her intention to oppose. If a notice to oppose is not lodged in terms of subrule (5), the matter shall be disposed of in accordance with directions given by the Chief Justice, which may include a direction-, calling for such additional information as the Chief Justice may consider necessary or expedient to deal with the matter; and. In exercise of the powers conferred on the Rules Committee by section 41(1) of the Judicature Act, these Rules are made this 10th day of November, 2005. The costs order shall have the effect of a civil judgment of the magistrate's court and the party in whose favour a costs order was made shall be deemed the judgment creditor and the party against whom such order was made shall be deemed the judgment debtor. sought) or refer the matter to the High Court to investigate and determine an appropriate redress. The Constitutional Court on Tuesday warned against a trend of litigants seeking personal costs orders against the public protector in almost every case. THE CONSTITUTIONAL COURT (PETITIONS AND REFERENCES) RULES, The Reference of the Hon. RULES OF THE CONSTITUTIONAL COURT. 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. A power of attorney need not be filed, but the authority of a legal practitioner to act on behalf of any party may, within 21 days after it has come to the notice of any party that the legal practitioner is so acting, or with the leave of the Court on good cause shown at any time before judgment, be disputed by notice, whereafter the legal practitioner may no longer so act, unless a power of attorney is lodged with the Registrar within 21 days of such notice. 91. Applications for leave to appeal may be dealt with summarily, without receiving oral or written argument other than that contained in the application itself. A person or organ of state entitled to do so and desirous of appealing against such an order in terms of section 172 (2) (d) of the Constitution shall, within 15 days of the making of such order, lodge a notice of appeal 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. the petitioner and on any respondent to the petition; giving the name of the petitioner’s Advocate or stating that the petitioner acts for himself or herself; the Attorney General, if the Attorney General is not a party to the proceedings. The respondent shall, immediately upon lodging the notice, serve a copy on the petitioner or on his or her advocate. The petition shall be divided into paragraphs numbered consecutively, each of which shall be confined, as nearly as may be, to a distinct inconsistency or contravention complained of. Bulky records shall be divided into separate conveniently-sized volumes of approximately 100 pages each. 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. Constitutional Court's recent decision Facts Applicant's claims Constitutional Court's assessment Comment. Constitutional Court rules retrial of former CHP MP Berberoğlu over breach of rights ANKARA. 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. done in or under the authority of any law (stating which law) was inconsistent with or in contravention of the Constitution). An application for direct access as contemplated in section 167 (6) (a) of the Constitution shall be brought on notice of motion, which shall be supported by an affidavit, which shall set forth the facts upon which the applicant relies for relief. (1) Every applicant or appellant who files an application or appeal with the registrar shall furnish, in the application or appeal, an address at which he or she will accept service in terms of these rules, which address shall be within 25 kilometres of the office of the registrar. After the scheduling conference, the Court shall set a date for trial of the petition which shall be within seven days after the date of the scheduling conference. For purposes of appeals against a decision of the Court, the Supreme Court Rules shall apply with such modifications as may be necessary. The original court desires the Constitutional Court to determine the question or issues in order to dispose of the above suit/case; /or A.B the plaintiff or C.D. In an acclaimed new building at Constitution Hill, the 11 judges stand guard over the Constitution and protect everyone's human rights. where appropriate, the redress prayed for. JUser: :_load: Unable to load user with ID: 32, Matters within the exclusive jurisdiction of the Court (rules 14-17). (2) The Supreme Court declared part of the Judiciary Act of 1789 unconstitutional. In addition to the Court fees already prescribed in these rules the fees in Schedule 2 shall be the fees of the court payable with revenue stamps. An order of the Court pursuant to section 144 of the Constitution may specify the provisions of the provincial constitution or of the constitutional amendment, if any, which comply and which do not comply with the Constitution. Where there is more than one petitioner, the petition shall not be withdrawn without the consent of the other petitioners. (1) Where a reference to the Court regarding any question as to the interpretation of the Constitution under article 137(5) of the Constitution is to be made, the original court shall submit the reference in terms of Form II of the Schedule to these Rules, stating the specific questions or issues to be answered or resolved by the Court. Statistical nature capable of easy verification response shall be given by the respondent shall, necessary. All other official languages will be available in due course Supreme Court Rules shall apply, with modifications! Be signed by the respondent shall, with necessary modifications, apply to the procedure to be in. Lodging it at the time of presenting the petition— address for service ( ( Const ( )... The Judicature Act, Cap 13 ) interim relief, including any interim relief, sought the original.... May amend the terms, conditions, rights and privileges agreed upon as referred to in these with! 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