CCT13/13

[2013] ZACC 33

2013 (12) BCLR 1365 (CC)

2014 (1) SA 1 (CC)

Moseneke DCJ

6 August 2013

1 October 2013

http://hdl.handle.net/20.500.12144/3708

Application for leave to appeal against a decision of the Western Cape High Court: Minister of Police and Others v Premier of the Western Cape and Others (21600/12) [2013] ZAWCHC 216 (14 January 2013). The case also concerns an application for direct access to the CC on new and additional grounds

Application for direct access contesting the Premier’s power in terms of the Constitution to appoint a commission of inquiry with subpoena powers over members of the South African Police Service. The commission was appointed by the Premier of the Western Cape to investigate alleged inefficiencies in policing in Khayelitsha, in terms of section 206(3) and (5) of the Constitution, read together with section 127(2)(e), and section 1(1) of the Western Cape Provincial Commissions Act. The applicants launched urgent proceedings in the Western Cape High Court, Cape Town, seeking an order restraining the commission from issuing and giving effect to the subpoenas and directing it to suspend its activities pending a decision on the final review application to set aside the Premier’s decision to appoint the commission. The High Court dismissed this application. In the Constitutional Court, the applicants sought direct leave to appeal this decision of the High Court and also direct access for this Court to consider the validity of the appointment of the commission. Both leave to appeal and the application for direct access were refused. The claim that the Premier’s establishment of the commission was unconstitutional was dismissed. Judgment: Moseneke DCJ (unanimous).