Oded Besserglik v The Minister of Trade, Industry and Tourism and Others

The applicant, Oded Besserglik, had his civil claim for damages for wrongful prosecution dismissed by the Transvaal Provincial Division. His application for leave to appeal was refused by that court, and a subsequent petition to the Appellate Division was also refused. The applicant then sought direct access to the Constitutional Court, challenging the constitutionality of section 20(4)(b) of the Supreme Court Act 59 of 1959, which requires leave to appeal in civil matters. He argued that this provision infringed the constitutional right of access to courts and the right to equality.

Section 20(4)(b) of the Supreme Court Act 59 of 1959 was declared not inconsistent with the Constitution of the Republic of South Africa, 1993.

This case confirmed that the Constitution does not confer an automatic right of appeal in civil matters and that leave-to-appeal procedures are constitutionally permissible. It clarified the scope of the right of access to courts under section 22 of the Interim Constitution and reinforced the principle that equality does not require identical procedures across different court hierarchies. The judgment also contributed to early Constitutional Court jurisprudence on direct access.