Distinguished on the basis that the present applicant came to the High Court and not directly to the Constitutional Court, and the principle of subsidiarity…
Court applies the principle that the Constitutional Court must satisfy itself that the issue for determination is a constitutional matter involving the…
The Court applies the definition of a constitutional matter as requiring the interpretation, protection or enforcement of the Constitution, and emphasises that…
Court follows the principle that it is incompetent for the High Court to determine the lawfulness of an arrest before it takes place and before the suspect…