Marius van Vuuren v The State

The applicant, Marius van Vuuren, was convicted in the Nigel Magistrates’ Court in maintenance court proceedings for failing to pay maintenance in respect of his two minor children. Three sentences were imposed against him. Dissatisfied with the magistrate’s factual findings leading to his conviction, the applicant sought leave to appeal to the High Court, which was refused. His subsequent application for leave to appeal to the Supreme Court of Appeal was also dismissed. He then approached the Constitutional Court seeking relief against the sentences, essentially challenging the factual findings made by the magistrate.

The application was dismissed for lack of jurisdiction.

The case reinforces the strict jurisdictional limits of the Constitutional Court and confirms that factual disputes and alleged factual misdirections in criminal or maintenance proceedings do not, by themselves, constitute constitutional matters. It underscores the role of the Constitutional Court as a court of constitutional, not general, appeal.