court case, page-4

The appeal is to the Constitutional Court AFAIAW.

http://www.constitutionalcourt.org.za/uhtbin/cgisirsi/x/0/0/5?searchdata1=CCT39/10

Bengwenyama Minerals (Pty) Ltd and Others v Genorah Resources (Pty) Ltd and Others CCT39/10

http://en.wikipedia.org/wiki/Constitutional_Court_of_South_Africa

The constitution requires that a matter before the court be heard by at least eight judges. In practice, all eleven judges hear almost every case.

The court does not hear evidence or question witnesses. It does not decide directly whether accused persons are guilty or whether damages should be awarded to an injured person. These are matters for the ordinary courts. Its function is to determine the meaning of the Constitution in relation to matters in dispute. One consequence of this is that the court works largely with written arguments presented to it by the parties. The hearings of the court are intended to address particularly difficult issues raised by the written arguments of the parties.

The hearings of the court are open to the public and the press. No cameras or recorders are ordinarily permitted. The public is invited to attend all sessions. Ordinary rules of decent dress and decorum apply.

The Constitutional Court is the highest court in the country when it comes to the interpretation, protection and enforcement of the Constitution. It deals exclusively with constitutional matters - those cases that raise questions about the application or interpretation of the Constitution.

The Supreme Court of Appeal, which used to be known as the Appellate Division, sits in Bloemfontein and is the highest court in respect of all other matters. It can hear and decide an appeal against any decision of a High Court.

http://www.constitutionalcourt.org.za/site/home.htm

http://www.saflii.org/za/cases/ZACC/2010/ and