HELEN SUZMAN FOUNDATION: STEPS IN RESPONSE TO THE MINISTER'S APPLICATION FOR LEAVE TO APPEAL 

Following the HSF's resounding success in the Gauteng Division of the High Court, Pretoria ("High Court") on 23 January 2015, in accordance with the judgment of the Honourable Mr Justice Prinsloo ("the Prinsloo Judgment"), the Minister of Police ("the Minister") delivered an application for leave to appeal against the Prinsloo Judgment on 26 January 2015 (read more here).  

The effect of the filing of the application for leave to appeal is that the order granted in the Prinsloo Judgment (declaring unlawful and setting aside the Minister's decisions to suspend the National Head of the Hawks and to appoint an Acting National Head as well as declaring that the Minister cannot suspend the National Head of the Hawks without a parliamentary process) ("the High Court order") is suspended pending the outcome of such application for leave to appeal.  

After consulting extensively with its legal advisers over the weekend, the HSF has applied urgently to the High Court in terms of Rule 49(11) of the Rules of Court for an order enforcing the High Court order ("enforcement order") (read more here).  If the High Court grants such enforcement order, the High Court order would be enforced regardless of any appeal. 

The HSF has simultaneously filed an application for direct access to the Constitutional Court ("direct access application") (read more here) on an urgent basis, seeking substantially similar relief as it did in the High Court.  The purpose of the direct access application is to obtain a final determination by the highest court in the country on the crisp legal issues raised in this matter, as any further delay occassioned by an appeals process (or multiple appeals processes) and the hearing of the Rule 49(11) application will foster the uncertainty created by the unmeritorious leave to appeal application and do irreparable harm to the institution and work of the HAWKS.  It is imperative that there is legal certainty on the narrow but fundamental issues raised in this matter.  

The HSF awaits directions from the High Court regarding the enforcement order and the Constitutional Court regarding the direct access application." 

Statement issued by Francis Antonie, Director, Helen Suzman Foundation, January 26 2015

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