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dc.date.accessioned 2017-04-08T17:01:33Z
dc.date.available 2017-04-08T17:01:33Z
dc.date.created 2004-03-02 en
dc.identifier.citation [2003] ZACC 5
dc.identifier.citation 2003 (5) BCLR 497 (CC)
dc.identifier.uri http://hdl.handle.net/20.500.12144/2170
dc.title Swartbooi and Others v Brink and Another (1) en
dc.title.alternative CCT27-02B en
dc.identifier.casenumber CCT27/02B en
dc.date.hearing 12 November 2002
dc.contributor.judge Yacoob J
dc.date.judgment 3 April 2003
dc.link.judgment http://collections.concourt.org.za/bitstream/handle/20.500.12144/2170/Full%20judgment%20%28163%20Kb%29-2414.pdf?sequence=1&isAllowed=y
dc.concourt.synopsis Application for leave to appeal to the Constitutional Court against refusal of an application for leave to appeal by the Supreme Court of Appeal. Appellants based their application on rule 20 of the Constitutional Court rules on the understanding that they were seeking leave to appeal against the order of the Supreme Court of Appeal. Maj: Yacoob J Held: when the Supreme Court of Appeal refused to grant leave to appeal in any case, the appeal to the Constitutional Court was not an appeal against that refusal of leave to appeal to it but an appeal against the High Court decision itself. Rule 18 governed such appeals.
dc.concourt.casehistory This is the judgment granting leave to appeal and the reasons for granting leave to appeal. Appellants granted leave to appeal to Constitutional Court against part of a judgment and order of the Free State High Court in Swartbooi and Others v Brink and Another 2003 (1) BCLR 21 (CC). Main judgment is cited as Swartbooi and Others v Brink and Another 2003 (5) BCLR 502 (CC).


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