Wallach v Selvan and Others

The applicant, Peter Siegwart Wallach, urgently approached the Witwatersrand High Court seeking an order declaring unconstitutional and invalid the appointment of the first respondent, Ronald Lester Selvan, as an acting judge. The High Court (Spoelstra J) dismissed the application with costs and later provided oral reasons, also refusing leave to appeal. Wallach was not present when reasons were delivered and subsequently experienced difficulty obtaining a transcript. His petition for leave to appeal to the Supreme Court of Appeal was refused for lack of prospects of success. Wallach then approached the Constitutional Court seeking direct access, alleging constitutional unfairness and failure by the High Court to provide reasons.

The application for direct access to the Constitutional Court, and the alternative relief sought, was dismissed.

The case illustrates the Constitutional Court’s strict approach to granting direct access and confirms that unmeritorious constitutional claims and procedural complaints do not justify bypassing ordinary appellate processes. It also underscores that alleged failures in obtaining reasons or transcripts will not found constitutional relief where the record shows that adequate reasons were in fact provided.