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Cited for the proposition that jurisdiction is decided on the basis of the pleadings.
Cited for the requirements for granting leave to appeal: that the matter falls within the jurisdiction of this Court and that the interests of justice warrant…
The Court applies the principle that the wrong application of a settled or uncontroversial legal test does not constitute an arguable point of law.
Court applies the principle that the incorrect determination of facts or erroneous application of established tests to facts does not raise a constitutional…
Court applies the principle that Constitutional Court jurisdiction is not engaged by mere misapplication of settled legal tests.
Cited for the principle that leave to appeal requires determining if the matter raises an arguable point of law of general public importance and whether…
Cited to explain what constitutes a constitutional issue, namely a claim requiring consideration and application of a constitutional rule or principle, and…
Cited as identifying certain qualities of a fit and proper person, including integrity, hard work, dignity, honesty, fairness and respect for legal order.
This is the Supreme Court of Appeal judgment that upheld the appeal and set aside the striking off order; now subject to further appeal on costs.
Applied for the test for granting leave to appeal, namely that the matter must fall within jurisdiction and it must be in the interests of justice.
This Court held that in assessing whether it is in the interests of justice to grant leave to appeal, reasonable prospects of success is weighty but not…
Cited for the requirements for granting leave to appeal, namely that an applicant must show jurisdiction and that the interests of justice warrant granting…
Cited for the principle that a constitutional matter includes any issue involving an arguable point of law of general public importance.
Applied to determine the threshold requirement that a constitutional issue must be clear from the claim.
The Court applies this case for the principle that misapplication of an established test to facts does not engage this Court's jurisdiction.
Cited for factors considered when determining whether it is in the interests of justice to grant leave to appeal.
Applied to confirm that mere misapplication of well-established legal principles ordinarily does not engage the Constitutional Court's jurisdiction.
Jiba was cited for the requirement that the interests of justice must warrant the granting of leave to appeal in addition to jurisdiction being engaged.
Cited for the principle that leave to appeal requires showing the matter falls within jurisdiction and that the interests of justice warrant the granting of…
The Court applies the principle that pleadings must be interpreted to determine if a constitutional issue or arguable point of law of general public importance…
Cited in relation to the principle that reasonable prospects of success carries significant weight in determining whether it is in the interests of justice to…