Institute for Security Studies v Basson (in re: The State v Basson)

The Institute for Security Studies (ISS), a research organisation focused on human security and international criminal law, sought admission as amicus curiae in criminal appeal proceedings before the Constitutional Court involving Dr Wouter Basson. The State consented to the ISS’s admission, but Dr Basson opposed it. The ISS wished to make submissions on international crimes, including crimes against humanity, conspiracy charges, extradition, amnesties, and South Africa’s international obligations. After hearing argument, the Constitutional Court refused the application and later provided reasons for that refusal.

The application by the Institute for Security Studies to be admitted as amicus curiae was refused.

The case is significant for clarifying and reinforcing the principles governing the admission of amici curiae in the Constitutional Court. It confirms the Court’s strict control over amicus participation, even where parties consent, and underscores the importance of fairness and equality of arms in criminal proceedings. The judgment serves as authoritative guidance on how amicus applications should be prepared and assessed.