CCT93/12

[2013] ZACC 19

2013 (10) BCLR 1180 (CC)

2013 (2) SACR 443 (CC)

Van Der Westhuizen Majority judgment

Jafta J separate judgment

13 June 2013

http://hdl.handle.net/20.500.12144/3692

Application for leave to appeal against a judgment of the SCA: Tulip Diamonds Fze v Minister of Justice and Constitutional Development and Others (810/2011) [2012] ZASCA 111; [2012] 4 All SA 401 (SCA); 2013 (1) SACR 323 (SCA) (7 September 2012). The case was previously heard in the Johannesburg High Court: Tulip Diamond Fze v Minister of Justice and Constitutional Development and Others (2010/18552) [2011] ZAGPJHC 234 (9 June 2011).

Application for leave to appeal against a judgment finding that Tulip Diamonds FZE (Tulip) had no standing to challenge the Minister’s decisions to give effect to a request from Belgian authorities to collect evidence in the form of several documents relating to Tulip seized by South African authorities. The majority held that Tulip did not establish own-interest standing under section 38 of the Constitution. The majority also held that the merits of Tulip’s challenge did not compel the Court to overlook the absence of standing in this case. The minority held that Tulip had established standing under the common law and under section 38 of the Constitution. On the merits, the minority held that the subpoena was invalid because the issuing Magistrate did not have proper territorial jurisdiction and because he acted in terms of an incorrect empowering provision, namely section 205 of the Criminal Procedure Act 51 of 1977. Majority: Van der Westhuizen J (Moseneke DCJ, Froneman J, Khampepe J, Mhlantla AJ and Skweyiya J) Minority: Jafta J (Zondo J and Nkabinde J)