CONSTITUTIONAL COURT of SOUTH AFRICA Case CCT
CONSTITUTIONAL COURT OF SOUTH AFRICA Case CCT 30/03 THE STATE Applicant versus WOUTER BASSON Respondent Heard on : 4 and 5 November 2003 Decided on : 10 March 2004 JUDGMENT ACKERMANN J, MADALA J, MOKGORO J, MOSENEKE J, NGCOBO J, and O’REGAN J: [1] The state has applied to this Court for special leave to appeal against a judgment of the Supreme Court of Appeal (the SCA) in terms of rule 20 and, simultaneously, for leave to appeal directly to this Court against a judgment of the High Court in Pretoria (the High Court) in terms of rule 18. The respondent, Dr Wouter Basson, opposes both applications. Background ACKERMANN J et al [2] During 1999, the respondent, an employee of the South African National Defence Force, was charged in the High Court on 67 counts including murder, fraud, conspiracy to commit various crimes and drug offences. All the offences were allegedly committed before 1994 when the respondent worked in a division of the Defence Force called the Civil Co-operation Bureau. [3] During 1997 the accused was arrested, first on charges of contravening the Medicines and Related Substances Control Act, 101 of 1965, and later in the same year on charges of fraud. In relation to both sets of charges, bail hearings were held and the accused was granted bail. In relation to the fraud charges, the bail hearing was held during October and November 1997. The trial on all 67 charges (which now included charges of murder and conspiracy to commit various offences) commenced on 4 October 1999 before Hartzenberg J.
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