VOEDSEL ENTERPRISES (PVT) LTD & ANOR v AFC COMMERCIAL BANK LIMITED & 2 ORS

Key Issues

• {"issue_text":"Whether it is in the interests of justice to grant the applicants leave for direct access to the Constitutional Court.","issue_type":"procedural","dispositive":"yes","related_facts":"High Court declined jurisdiction; applicants claim no other remedy exists."}
• {"issue_text":"Whether the High Court erred in declining jurisdiction based on stare decisis without determining the merits of the application.","issue_type":"procedural","dispositive":"no","related_facts":"High Court struck matter off the roll."}
• {"issue_text":"Whether s 38 of the Agricultural Finance Act is constitutional under ss 56(1) and 69(2) and (3) of the Constitution.","issue_type":"constitutional","dispositive":"no (not decided due to procedural refusal)","related_facts":"Applicants seek to challenge validity of s 38."}

Background