CCT23/04

[2004] ZACC 5

2005 (4) SA 235 (CC)

2004 (10) BCLR 1009 (CC)

Chaskalson CJ Majority judgment

Ngcobo J separate judgment

Sachs J separate judgment

O'Regan J dissenting judgment

19 and 20 July 2004

4 August 2004

http://hdl.handle.net/20.500.12144/2216

Leave to appeal to the Constitutional Court against decision of the High Court; application for leave to appeal is granted. Constitutional Court dismisses appeal against the judgment of the High Court; order made by Ngoepe JP in the High Court confirmed.

Appeal against judgment of the High Court in Pretoria. The applicants were South African citizens held in Zimbabwe on various charges, who might face extradition to Equatorial Guinea. They contended that their rights to dignity, freedom and security of the person, including the right not to be treated or punished in a cruel inhuman or degrading way, and the right to a fair trial and conditions of detention were being threatened / infringed. They sought an order compelling the government to take urgent steps, including diplomatic representations. Application for leave to appeal directly to the Constitutional Court granted. Majority: Chaskalson CJ. Langa DCJ and Justices Moseneke, Skweyiya, van der Westhuizen, and Yacoob concurring. Held: appeal dismissed. Held, further: A privilege and benefit of South African citizenship is an entitlement to request the government for protection against a foreign state. The government must deal with the request consistently with the Constitution. It has a wide discretion. Here, its policies are not inconsistent with international law or the Constitution. Sep concurrences: Ngcobo J, Sachs J. Dissent: O'Regan J (Mokgoro J concurring)