Van Vuren v Minister of Justice and Constitutional Development and Another

The applicant, Mr Paul van Vuren, was convicted in 1992 of murder, robbery with aggravating circumstances, theft, and unlawful possession of a firearm and ammunition. He was sentenced to death for murder and robbery, which sentences were commuted in 2000 to life imprisonment, antedated to 13 November 1992. While serving his sentence, changes occurred in parole policy and legislation. Van Vuren contended that at the time of his conviction the parole policy for life prisoners allowed consideration for parole after 10–15 years, whereas section 136(3)(a) of the Correctional Services Act 111 of 1998 requires life prisoners to serve 20 years before being considered for parole. After his application in the High Court for parole consideration under the earlier policy was dismissed, he approached the Constitutional Court directly, seeking a declaration that section 136(3)(a) is unconstitutional and requesting direct access to the Court.

Condonation for non-compliance with the Rules was granted; the application for direct access to the Constitutional Court was refused; and the Registrar was directed to bring the judgment to the attention of the Law Society of the Northern Provinces, the respondents, and the State Attorney.

The case reaffirms the Constitutional Court’s restrictive approach to direct access and underscores that constitutional challenges to legislation should ordinarily be properly formulated and first adjudicated in the High Court. It also highlights concerns about parole policy changes affecting life prisoners and the duties of state respondents, particularly the State Attorney, in constitutional litigation.