Van der Spuy v General Council of the Bar of South Africa

Case Number:
CCT48/01
Citations:
[2002] ZACC 17
Citations:
2002 (5) SA 392 (CC)
Citations:
2002 (10) BCLR 1092 (CC)
Judge:
Langa DCJ
Hearing Date:
16 May 2002
Judgment Date:
18 July 2002
Case History:
Application for direct access to Constitutional Court to challenge the constitutionality of the referral rule applicable to the advocates' profession. High Court found applicant had breached the referral rule in General Council of the Bar v Van der Spuy 1999(1) SA 577 (T).
Synopsis:
Application for direct access to challenge the constitutionality of the referral rule which compels advocates to accept work only from attorneys. Langa DCJ wrote for a unanimous Court refusing application for direct access. The Court found that there was no appeal to the Supreme Court of Appeal and that this issue was being addressed by the Legal Practice Bill and therefore was not in the interests of justice to hear the case.
Judgment:
Full judgment

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