Ex parte Carl Hansmann

The applicant, Carl Hansmann, was convicted in the Graskop Magistrate’s Court in December 1998 for dealing in cannabis and sentenced to five years’ imprisonment, with two years conditionally suspended. His appeal to the Transvaal High Court was dismissed on 20 March 2000. Thereafter, Hansmann applied to the Constitutional Court for special leave to appeal. In his application he provided no fixed address or contact details. Upon inquiry, it emerged that after the dismissal of his appeal he had become a fugitive from justice: his bail was estreated on 14 April 2000, a warrant for his arrest was issued, and the police were unable to locate him. He failed to disclose his fugitive status to the Constitutional Court.

The application for special leave to appeal was declined and not considered.

The case affirms the principle that fugitives from justice cannot seek relief from the courts while evading the legal process. It underscores the duty of full and frank disclosure to the Constitutional Court and reinforces the integrity of the judicial process in South African law.