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dc.date.accessioned 2017-04-08T17:10:45Z
dc.date.available 2017-04-08T17:10:45Z
dc.date.created 2008-07-22 en
dc.identifier.citation [2008] ZACC 19
dc.identifier.uri http://hdl.handle.net/20.500.12144/3550
dc.title Glenister v President of the Republic of South Africa and Others (Centre for Constitutional Rights as Amicus Curiae) en
dc.title.alternative CCT41/08 en
dc.identifier.casenumber CCT41/08 en
dc.identifier.casenumber 2009 (1) SA 287 (CC)
dc.identifier.casenumber 2009 (2) BCLR 136 (CC)
dc.date.hearing 20 August 2008
dc.contributor.judge Langa CJ
dc.date.judgment 22 October 2008
dc.link.judgment http://collections.concourt.org.za/bitstream/handle/20.500.12144/3550/Full%20judgment%20Official%20version%20%28178%20Kb%29-13058.pdf?sequence=16&isAllowed=y
dc.concourt.synopsis Application for leave to appeal against an order of the Pretoria High Court which held that that Court lacked jurisdiction to hear the applicant?s challenge to the decision by Cabinet to initiate legislation dissolving the Directorate of Special Operations (Scorpions). The applicant alternatively sought direct access to the Constitutional Court for an order compelling the government to withdraw the relevant legislation. The unanimous judgment dealt only with the question of whether the doctrine of the separation of powers permitted the Court to consider the validity of Cabinet?s decision while the legislative process was still underway. The Court held that in order to justify such an intervention, the applicant would have had to prove that material and irreversible harm had arisen, which he had failed to do. The applications for leave to appeal and for direct access were dismissed.
dc.concourt.casehistory Application for leave to appeal against the judgment and order of the Pretoria High Court: Glenister v President of the Republic of South Africa and Others (14386/2008) [2008] ZAGPHC 143 (28 May 2008); also an application for direct access to the Constitutional Court for an order compelling the government to withdraw the relevant Bills from Parliament.


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