Maverick :
Let us go to school a little bit. The Concourt is NOT saying anything on the merits. It is only stating that the Applicants (MKP and Zuma) ought not to have gone directly to that court. A competent court in the circumstances is the High Court. Accordingly, it was not in the interest of justice to have the application (exclusively) adjudicated upon by the Concourt. The Applicants may therefore still bring the same application before the High Court (probably Pretoria), and argue the same facts and law. If one listened carefully to the questions by some of the Justices, it was asked of Advocate Mpofu in particular, if approaching the High Court and obtaining a urgent interdict there would not have served their purpose. I must say, as a jurist, it is never easy obtaining direct access to the Concourt
The consideration, simply put, is why a matter must be heard by the Concourt, when a High Court is endowed with jurisdiction to hear it. In African law analogy, why do we take delinquent boys to be tried by a King, when there are chiefs and headmen. Let the subordinates deal with the matter, and refer it to the Crown as a last step. Lawyers, come in please.
2025-07-31 13:51:22