CCT69/12

[2012] ZACC 25

2013 (2) SA 620 (CC)

2013 (1) BCLR 1 (CC)

Khampepe J

9 October 2012

http://hdl.handle.net/20.500.12144/3687

Application for leave to appeal against a judgment of the South Gauteng High Court: SS (A Minor Child) v Presiding Officer of the Children's Court, District Krugersdorp and Others [2011] ZAGPJHC 139; [2012] 1 All SA 231 (GSJ). See also the application by SS to be declared a child in need of care and protection which was later granted on appeal by the High Court: SS v Presiding Officer of the Children's Court: District of Krugersdorp and Others [2012] Case No A3056/11, 29 Aug 2012, as yet unreported .

The Court reversed the High Court’s finding that rule 16A of the Uniform Rules of Court does not permit an amicus curiae to be permitted to adduce evidence in a High Court. The Court held that Rule 16A permits amici to adduce evidence in high courts subject to the discretion of the court. The Court highlighted the important role that amici play in arguing on behalf of vulnerable litigants and in the public interest. The Court noted that even if rule 16A were silent on the question of evidence, section 173 of the Constitution empowers courts to regulate their own process and would therefore allow courts to determine whether to permit an amicus to adduce evidence in a particular case. Judgment: Khampepe J (unanimous).