Synopsis:
Urgent application for direct access in terms of section 167(4)(d) of the Constitution. The applicant, Mr van Straaten, sought an order to declare the National Prosecuting Authority Amendment Bill, 2008 and the South African Police Service Amendment Bill, 2008 to be invalid. Together, the bills disbanded the Directorate of Special Operations unit. This Court has no jurisdiction to consider the application. The Constitution contains clear and express provisions which preclude any court from considering the constitutionality of a bill save in the limited circumstances referred to in sections 79 and 121 of the Constitution. The Court held that this case does not fall within these limited circumstances. The Court noted that the State has an obligation to respond to court process and lead by example.The order included a request to the Registrar to send a copy of the judgment to the offices of the President and Minster for Justice and Constitutional Development in order to bring the situation to their attention. Majority: Sachs J (unanimous)
