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[2002] ZACC 23
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Ex Parte Mercer and Another (CCT31/02) [2002] ZACC 23; 2003 (1) SA 203 (CC) (28 October 2002)
CONSTITUTIONAL COURT OF SOUTH AFRICA
Case CCT
31/02
EX PARTE:
CHRISTOPHER LANCE MERCER First Applicant
BEVERLEY PERVAN Second Applicant
IN RE: THE PROBLEM ANIMAL CONTROL ORDINANCE 26 OF
1957
And
THE NATIONAL PROSECUTING
AUTHORITY OF SOUTH AFRICA
Decided on : 28 October
2002
JUDGMENT
THE COURT:
[1]
The applicants were
convicted in the Kuruman Magistrates’ Court in September 2001 of
contravening certain provisions of the
Nature and Environmental Conservation
Ordinance, 1974 prohibiting the harbouring of certain animals without a permit.
The applicants
were on several occasions denied permits to harbour the three
Northern Cape lynx they held, on the basis that these animals are earmarked
as
potential problem animals to farmers in the region in terms of the Problem
Animal Control Ordinance, 1957 (the
Ordinance).
[1]
[2]
The applicants launched
proceedings in the Northern Cape High Court on two grounds. They wished to
appeal against their convictions
and sentences in the Magistrates’ Court
and furthermore sought to challenge the constitutionality of the Ordinance in
its entirety.
After being set down for hearing on 9 September 2002 in the High
Court, the matter was postponed to 3 March 2003. The applicants
now apply
directly to this Court for it to hear the matter without awaiting the outcome of
the appeal in the High Court.
[3]
The matter raises a number
of constitutional issues, including challenges to the constitutionality of the
Ordinance on the grounds
that it breaches the right to equality contained in
section 9 of the Constitution as well as environmental rights contained in
section
24. In our view, notwithstanding the delay involved in the hearing of
the appeal, it would be premature for this Court to hear
the matter before the
High Court deals with it.
[4]
Accordingly, the application
is refused.
Chaskalson CJ, Langa DCJ,
Ackermann J, Goldstone J, Kriegler J, Madala J, Mokgoro J, Ngcobo J,
O’Regan J, Sachs J and Yacoob
J.
[1]
Both the Nature and Environmental
Conservation Ordinance, 1974 and the Problem Animal Control Ordinance, 1957 were
ordinances of the
former province of the Cape of Good Hope.