CCT53/10

[2010] ZACC 15

2010 (11) BCLR 1113 (CC)

The Court

7 September 2010

http://hdl.handle.net/20.500.12144/3624

Application for leave to appeal against a decision of the Supreme Court of Appeal refusing leave to appeal against a High Court judgment: FirstRand Bank Limited t/a Wesbank v Greenfields Drilling CC and Others, case no 7689/2008, North Gauteng High Court, Pretoria, 21 May 2009, unreported.

Application for direct access to challenge the constitutionality of the Supreme Court of Appeal?s practice not to give reasons for the refusal of applications for leave to appeal against judgments of the High Court. This Court held that the practice of refusal without reasons is not inconsistent with the Constitution subject to the qualification that the position might be different if a constitutional issue is involved and the Supreme Court of Appeal is not the court of final instance. No constitutional issue arose in this matter thus the application for direct access was refused. Judgment of the Court.