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Constitutional Court of South Africa

The Constitutional Court of South Africa is a supreme constitutional court established by the Constitution of South Africa, and is the apex court in the South African judicial system, with general jurisdiction. The Court was first established by the Interim Constitution of 1993, and its first session began in February 1995. It has continued in existence under the Constitution of 1996. The Court sits in the city of Johannesburg. The Constitutional Court has jurisdiction to hear any matter if it is in the interests of justice for it to do so. (Banner image credit: By André-Pierre from Stellenbosch, South Africa.)

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Constitutional Court, 1 Hospital Street, Constitution Hill, Braamfontein, South Africa, 2017

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https://www.concourt.org.za/

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1 judgment

Citation	Judgment date
December 2003
Shaik v Minister of Justice and Constitutional Development and Others [2003] ZACC 24 (2 December 2003) Reported Leave to appeal dismissed where challenge targeted wrong subsection and accused cannot be summoned under s 28 while tried on same charges. Constitutional law – Criminal procedure – Investigating Director’s power to summon and examine persons under NPA Act s 28 – Construction of "any person" excludes accused being tried on same charges – Compulsion, immunity and sanctions governed by ss 28(8) and 28(10) – Challenge targeted wrong provision – Mootness and interests of justice – Procedural concern where questioning is conducted in camera by Investigating Director or designate without independent presiding officer.	2 December 2003

Citation

Judgment date

December 2003

Shaik v Minister of Justice and Constitutional Development and Others [2003] ZACC 24 (2 December 2003)

Reported

Leave to appeal dismissed where challenge targeted wrong subsection and accused cannot be summoned under s 28 while tried on same charges.

Constitutional law – Criminal procedure – Investigating Director’s power to summon and examine persons under NPA Act s 28 – Construction of "any person" excludes accused being tried on same charges – Compulsion, immunity and sanctions governed by ss 28(8) and 28(10) – Challenge targeted wrong provision – Mootness and interests of justice – Procedural concern where questioning is conducted in camera by Investigating Director or designate without independent presiding officer.

2 December 2003