Synopsis:
Application for leave to appeal. Constitutionality of section 28(6) of the National Prosecuting Authority Act 32 of 1998. The High Court held that the provision violates the applicant's rights to silence in terms of section 35(1)(a) of the Constitution but such infringement was justified in terms of section 36(1) of the Constitution and the application in the High Court was accordingly dismissed. Shortly after the applicant launched his application to this Court he was charged with certain offences that had been subject to section 28 enquiry. Judge Ackermann held that the reference to any person in s 28 does not apply to accused persons, therefore the applicant would not benefit from a ruling by this Court. Held further that the applicant challenged the wrong section of the Act, by challenging the Constitutionality of s 28(6) instead of s 28(8). The Court concluded that it was not in the interest of justice to grant the application for leave to appeal.
