further evidence was refused, but they were granted leave to make written submissions and Mr Smyth was authorised to address the Court orally.
[38]Application to be admitted as amicus curiae was also made by the Marriage Alliance of South Africa, supported on affidavit by Cardinal Wilfred Napier. The application, which included a request for the right to make both written and oral representations, was granted.
The application for direct access in the Equality Project matter
[39]The application by the Equality Project for direct access to this Court was resisted by the state, and requires special consideration. This Court has frequently stated that as a general rule it should not act as a court of first and final instance in relation to constitutional matters that may be heard in other courts.[1] In Mkontwana[2] Yacoob J emphasised that the importance and complexities of the issues raised in an application for direct access would weigh heavily against this Court being a court of first and final instance.[3] Not only is the jurisprudence of this Court greatly enriched by being able to draw on the considered opinion of another court. Proper evidential foundations, where appropriate, can be laid. Issues, both in relation to substantive law
- ↑ Section 167(4) of the Constitution sets out the circumstances where this Court alone may hear certain matters. Other constitutional matters may first be heard in a high court [section 169(a)(i)] and on appeal in the SCA [section 168(3)].
- ↑ Mkontwana v Nelson Mandela Metropolitan Municipality and Another; Bissett and Others v Buffalo City Municipality and Others; Transfer Rights Action Campaign and Others v MEC, Local Government and Housing, Gauteng, and Others (KwaZulu Natal Law Society and Msunduzi Municipality as amici curiae) 2005 (1) SA 530 (CC); 2005 (2) BCLR 150 (CC).
- ↑ Id at para 11.
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