Louis Benjamin van der Westhuizen v The State

The applicant was convicted of an unspecified offence in the Regional Court at George and sentenced to imprisonment. After sentence, he sought to have the Regional Court proceedings re-opened to consider facts and circumstances that allegedly arose after sentencing. This application was dismissed by the High Court in Cape Town. An application for leave to appeal against that dismissal was refused by the Supreme Court of Appeal. The applicant then approached the Constitutional Court seeking bail, effectively through an application for direct access. He alleged that the SCA dismissed his application prematurely and without considering a replying affidavit that had been filed timeously but after the order was made. The applicant failed to comply with the Constitutional Court rules governing applications for direct access and did not place sufficient information before the Court regarding his conviction, sentence, or prospects of success.

The application for direct access to the Constitutional Court, and consequently the application for bail, was refused.

The case reaffirms the strict approach of the Constitutional Court to applications for direct access, particularly in criminal matters. It underscores that direct access is granted only in exceptional circumstances and that applicants must comply fully with procedural requirements and demonstrate that it is in the interests of justice. The decision also illustrates the limited role of the Constitutional Court in bail matters following the exhaustion of ordinary appeal processes.