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[2008] ZAWCHC 108
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Brown and Another v Director of Public Prosecutions and Others (8045/2008) [2008] ZAWCHC 108 (19 August 2008)
IN
THE HIGH COURT OF SOUTH AFRICA
(CAPE OF
GOOD HOP PROVINCIAL DIVISION
)
CASE
NUMBER:
8045/2008
DATE: 19
AUGUST 2008
In the
matter between:
1. JOSEPH
ARTHUR BROWN 1
st
APPLICANT
2. SUSAN
JENNIFER BROWN 2
nd
APPLICANT
and
1. THE
DIRECTOR OF PUBLIC
PROSECUTIONS 1
st
RESPONDENT
2. DIRECTORATE
OF SPECIAL
OPERATIONS
(WESTERN CAPE) 2
nd
RESPONDENT
3. THE
DISTRICT CONTROL
MAGISTRATE
(MR MAKU) 3
rd
RESPONDENT
4. THE
DISTRICT MAGISTRATE
(MR VUSI
MHLANGU) CAPE TOWN
MAGISTRATE
COURT 4
th
RESPONDENT
JUDGMENT
(Leave
to Appeal Application)
FOURIE, J:
The
applicants apply for leave to appeal against the whole of the
judgment delivered and orders made by me on 2 June 2008. The
application is opposed. It is trite that in an application of this
nature, an applicant has to show that it has a reasonable
prospect
of success on appeal.
I have
considered the grounds of the intended appeal as set out in the
notice of application dated 23 June 2008 as amplified by
the amended
notice dated 18 August 2008. I have also considered the submissions
made on behalf of the parties and in particular
too the heads of
argument prepared by Mr Khan and handed up today.
In my view
there is, for the reasons already furnished in my written judgment,
no reasonable prospect that another Court will
come to a different
conclusion than the conclusion to which I had come in my judgment. I
should add that as regards the constitutionality
of Section 43 of
the Criminal Procedure Act, it is in my view not the proper time for
applicants, at this belated stage, to
challenge the
constitutionality of this section. In the result the application for
leave to appeal is dismissed with costs.
FOURIE,
J