CCT44/02

[2002] ZACC 9

2002 (9) BCLR 970 (CC)

2002 (4) SA 843 (CC)

Ackermann J

21 May 2002

12 June 2002

http://hdl.handle.net/20.500.12144/2173

In National Director of Public Prosecutions and Another v Mohamed NO and Others (CCT13/02) 2002 (9) BCLR 970 (CC) the Constitutional Court referred a matter back to the Wit watersrand Local Division of the High Court (the Court a quo) for it to deal with an application and counter-application that had been before it. In this judgment the Constitutional Court declined to confirm a declaration of constitutional invalidity made by the Johannesburg High Court in Mohamed NO and Others National Director of Public Prosecutions and Another 2002 (4) SA 366 (W).

Unanimous judgment of Ackermann J. Section 38 of the Prevention of Organised Crime Act 121 of 1998 found to be constitutional. It did not infringe the audi alteram partem rule because it allowed for a rule nisi to be granted where the presiding judge found it to be necessary.