Wallach v Registrar of Deeds (Pretoria) and Others; Wallach v Spilg and Others

The applicant, Mr Peter Siegwart Wallach, was sequestrated in 1990 and rehabilitated by effluxion of time in 2000 under the Insolvency Act 24 of 1936. Certain immovable property, a farm registered in his name, remained unrealised after rehabilitation. The trustees of his insolvent estate, with the consent of the Master, caused a caveat to be registered against the property under section 18B of the Insolvency Act. Wallach unsuccessfully applied in the Johannesburg High Court to have the caveat removed. He also became subject to an ejectment order granted by Spilg AJ. After failing in applications for leave to appeal in the High Court and the Supreme Court of Appeal, Wallach brought two applications for direct access to the Constitutional Court, seeking to set aside the High Court orders and to challenge the constitutionality of certain provisions of the Insolvency Act.

Both applications for direct access (CCT 33/03 and CCT 45/03) were dismissed with costs.

The case reaffirms the Constitutional Court’s strict approach to direct access, emphasizing that it is an exceptional remedy and not a substitute for ordinary appeal processes. It underscores the importance of procedural discipline, finality in litigation, and the Court’s reluctance to act as a court of first instance, especially where disputes of fact exist.