CCT30/03B

[2005] ZACC 4

2006 (6) SA 195 (CC)

The Court

1 December 2004

9 September 2005

http://hdl.handle.net/20.500.12144/2185

This judgment deals with the application for admission as amicus curiae by the Institute for Security Studies. See also the application for leave to appeal against a judgment of the SCA, reported as S v Basson 2004 (1) SA 246 (SCA). Preliminary hearing in respect of this application for leave to appeal was held in November 2003 after which the CC handed down a judgment reported as S v Basson 2005 (1) SA 171 (CC) ; 2004 (6) BCLR 620 (CC). See also the previous judgments of the Transvaal Provincial Division : S v Basson unreported judgment on the admissibility of the record of bail proceedings CC32/99 15 November 1999 ; S v Basson [2000] 1 All SA 430 (T) (judgment on exception) ; S v Basson [2000] 3 All SA 59 (T) (recusal judgment).

Application for admission as an amicus curiae. On 2 December 2004 the Court made an order refusing the application. Reasons were given in this judgment. The Court held that consent of all parties is not decisive. The argument sought to be presented to the Court must be useful and different to that of the other parties. In criminal matters the Court should be cautious to allow the submissions of amici to stack the odds against an accused. The application was refused.