IN THE CONSTITUTIONAL COURT OF SOUTH AFRICA CONSTITUTION HILL
CCT CASE NO: CCT 67/08
In the matter between:
CRAWFORD LINDSAY VON ABO Applicant
and
THE PRESIDENT OF THE REPUBLIC OF SOUTH AFRICA
Respondent
In re:
The matter concerning diplomatic protection between:
CRAWFORD LINDSAY VON ABO Applicant
and
THE GOVERNMENT OF THE REPUBLIC OF
SOUTH AFRICA First Respondent
THE PRESIDENT OF THE REPUBLIC OF
SOUTH AFRICA Second Respondent
THE MINISTER OF FOREIGN AFFAIRS Third Respondent THE MINISTER OF TRADE AND INDUSTRY Fourth Respondent THE MINISTER OF JUSTICE AND
CONSTITUTIONAL DEVELOPMENT Fifth Respondent ______________________________________________________________
APPLICANT’S WRITTEN SUBMISSIONS PURSUANT TO DIRECTIONS DATED 4 NOVEMBER 2008
______________________________________________________________
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1. On 4 November 2008 the Chief Justice issued directions, inter alia, requiring the Applicant to file written submissions on whether this Court should make a ruling that any of the documents filed by the Respondent which are claimed to be confidential, should be withheld from the public.
2. The Applicant submits that the documents attached to the Respondent’s written argument are not relevant to the proceedings before this Court.
3. The Applicant contends that the documents relate to the proceedings before the Court below, and particularly to the reporting obligation imposed by the Court a quo on the Respondent, inter alia.
4. The proceedings before this Court are confirmation proceedings in terms of section 172(2) of the Constitution, section 8 of the Constitutional Court Complementary Act and Rule 16 of this Court’s Rules.
5. In the circumstances, the attached documents have no relevance to these confirmation proceedings.
6. Accordingly, for the purposes of this application, the Applicant cannot have and does not have an interest in the confidentiality or otherwise of the documents attached to the Respondent’s written argument.
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7. Because, so it is contended, the documentation has no relevance to the confirmation proceedings, the Applicant abides the decision of the Court as to whether the documents in issue should be withheld from the public.
PETER HODES SC ANTON KATZ MAX DU PLESSIS
Counsel for the Applicant Chambers
Cape Town and Durban 10 November 2008
