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Constitution of the Republic of South Africa, 1996 (Act No. 108 of 1996)


Constitutional Court Rules, 2003

Part VIII : Direct Access and Appeals

18. Direct access


(1) 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.


(2) 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) the grounds on which it is contended that it is in the interests of justice that an order for direct access be granted;
(b) the nature of the relief sought and the grounds upon which such relief is based;
(c) whether the matter can be dealt with by the Court without the hearing of oral evidence and, if it cannot,
(d) how such evidence should be adduced and conflicts of fact resolved.


(3) 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.


(4) After such notice of intention to oppose has been received by the Registrar or where the time for the lodging of such notice has expired, the matter shall be disposed of in accordance with directions given by the Chief Justice, which may include-
(a) a direction calling upon the respondents to make written submissions to the Court within a specified time as to whether or not direct access should be granted; or
(b) a direction indicating that no written submissions or affidavits need be filed.


(5) Applications for direct access may be dealt with summarily, without hearing oral or written argument other than that contained in the application itself: Provided that where the respondent has indicated his or her intention to oppose in terms of subrule (3), an application for direct access shall be granted only after the provisions of subrule (4)(a) have been complied with.