Greenfields Drilling CC and Others v Registrar of the Supreme Court of Appeal and Others

The applicants sought to appeal against a decision of the Supreme Court of Appeal (SCA) which had refused them leave to appeal against an adverse High Court judgment. The SCA gave no reasons for its refusal. The applicants contended that the absence of reasons hampered their ability to seek further relief and accordingly applied directly to the Constitutional Court for an order determining the constitutionality of the SCA’s practice of refusing leave to appeal without providing reasons.

The application for direct access to the Constitutional Court was refused.

The case reaffirms the Constitutional Court’s earlier decision in Mphahlele and confirms that, in non-constitutional matters, the Supreme Court of Appeal is not constitutionally obliged to provide reasons when refusing leave to appeal. It underscores the finality of litigation in such circumstances and clarifies the limited scope for constitutional intervention.