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2001
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[2001] ZACC 13
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Ex Parte Hansmann (CCT 3/01) [2001] ZACC 13; 2001 (2) SA 852 (CC); 2001 (4) BCLR 311 (22 February 2001)
CONSTITUTIONAL COURT OF SOUTH AFRICA
Case CCT
3/01
EX PARTE CARL HANSMANN
Decided on : 22 February
2001
JUDGMENT
THE COURT:
[1] Mr Carl Hansmann (the
applicant) seeks the special leave of this Court to appeal against his
conviction for dealing in cannabis.
It appears from the application that the
trial took place in the Graskop Magistrate’s Court in December 1998. The
applicant
was sentenced to imprisonment for five years, of which two years were
conditionally suspended. An appeal to the Transvaal High Court
was dismissed on
20 March 2000.
[2] In his application, the applicant states that he
“has no set address or contact number”. He provides only the
address
of his father. Upon inquiry by the Director of this Court it has
emerged that since the dismissal of his appeal he has been a fugitive
from
justice. His bail was estreated by the Magistrate on 14 April 2000 and a
warrant for his arrest was issued. The police have
been unable to trace his
whereabouts.
[3] Not only is the appellant a fugitive from justice but
he has withheld that fact from this Court. In these circumstances it would
not
be appropriate to consider his application and we accordingly decline to do
so.
Chaskalson P, Ackermann J, Goldstone J, Kriegler J, Madala J,
Mokgoro J, Ngcobo J, Sachs J, Yacoob J, Madlanga AJ and Somyalo AJ.