ConCourt throws out NPO's application to have Mlambo's directive declared unconstitutional
Earlier this year, Mlambo introduced the alternative dispute resolution mechanism for all civil trials in an attempt to ease the caseload in the division.
The move was met with legal challenges as PIPLA headed to the Constitutional Court, asking for direct access and to have Mlambo's directive invalidated.
Section 167 subsection 6(a) of the Constitution allows persons, when it is in the interests of justice and with leave of the Constitutional Court, to bring a matter directly to the apex court, making it a court of first and last instance.
In papers, PIPLA argued that granting it direct access was in the interests of justice to ensure that parties' rights to access the courts are safeguarded as enshrined in Section 34 of the Constitution.
The association submitted that the directive, which made mediation compulsory in civil trials, leaves those who cannot afford the alternative dispute resolution mechanism stripped of the fundamental right.
However, in a short order, the Constitutional Court said it had considered the application and concluded that no case had been made out for direct access and refused its application.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
IOL News
32 minutes ago
- IOL News
The Makate vs Vodacom saga: A deep dive into the 'Please Call Me' court battle
In a historic judgment delivered on Thursday, the Constitutional Court ruled that the Supreme Court of Appeal (SCA) had committed several errors in assessing Vodacom's appeal against a High Court decision. Outgoing Deputy Chief Justice Raymond Madlanga delivered his last ruling involving the long-running dispute between Nkosana Makate and Vodacom over the Please Call Me invention. The ruling has significant implications for the case and the legal battle for compensation. We take a deep dive into the key events in the Makate vs Vodacom 'Please Call Me' battle.
The Star
34 minutes ago
- The Star
Professor Firoz Cachalia to be sworn in as acting police minister following MK Party's dismissal by ConCourt
Professor Firoz Cachalia will be sworn in as the acting Police Minister at the Union Buildings in Tshwane on Friday. "In accordance with section 91(3)(c) President Cyril Ramaphosa announced the appointment of Prof. Cachalia as Minister in the National Executive with the expressed intention that following the swearing-in, Minister Cachalia will be designated to act as Minister of Police," said the presidency in a statement. Cachalia, 66, is a former anti-apartheid activist, lawyer, academic and long-time public servant. His appointment comes after the Constitutional Court on Thursday dismissed an application brought by MK Party challenging Ramaphosa's decision to appoint a non-Member of Parliament. The MK Party brought an urgent application challenging Ramaphosa's move by placing Police Minister Senzo Mchunu on special leave and announced Cachalia as the acting Police Minister. MK Party argued that the move was unconstitutional, flagging serious legal and procedural violations. Mchunu was removed following explosive allegations of political interference and unlawful conduct made by KwaZulu-Natal Police Commissioner Lt-Gen. Nhlanhla Mkhwanazi. On Wednesday, at the apex court in Johannesburg, MK Party's legal representative Dali Mpofu SC described Ramaphosa's actions as "unconstitutional and ultra vires." He told the court that Ramaphosa overstepped his constitutional powers by placing Mchunu on 'leave of absence' and then delegating his ministerial duties to someone outside Cabinet. According to Mpofu, these actions contravened Section 98 of the Constitution, which governs the appointment of acting ministers when a Cabinet member is absent or incapacitated. 'The appointment of Cachalia is plainly unlawful,' Mpofu said. 'Section 98 mandates that only a Cabinet member may be appointed to act in another's place. Ramaphosa's failure to comply is a breach of a constitutional obligation.' [email protected] IOL News Get your news on the go, click here to join the IOL News WhatsApp channel.
Eyewitness News
an hour ago
- Eyewitness News
MK Party says ConCourt not for the people after dismissing its urgent application against Ramaphosa
JOHANNESBURG - The MK Party said that the Constitutional Court's decision to dismiss its urgent application against President Cyril Ramaphosa showed that the apex court was not for the people. The court has denied direct access to the party and its leader, former President Jacob Zuma. The MK Party approached the court to set aside the president's decision to suspend Police Minister Senzo Mchunu and appointed Professor Firoz Cachalia as an acting minister. "It's clear that Lady Justice has got eyes and, unfortunately, this is something the South African public and the people on the ground must take into its own hands." The MK Party said the ruling by the Constitutional Court to deny it direct access, thus dismissing its case, proved KwaZulu-Natal Police Commissioner Nhlanhla Mkhwanazi's point that the judiciary was implicated in wrongdoing. "We picked up yesterday already that there was a sense to convolute the hearing itself and the submissions made by Counsel Mpofu and we could already see the technicality they were going to use was the issue of direct access." Ndlela has argued that the Constitutional Court cannot use direct access as a reason not to hear its matter after it sentenced former President Jacob Zuma to imprisonment without a trial in a lower court. While the MK Party can still approach the high court on an urgent basis, Ndlela said they would have to consult with their lawyers.
