Page:Fourie v Minister of Home Affairs (CC).djvu/5

Rh Court. Such an appeal is subject to the leave of this Court, which must be granted when it is in the interests of justice to do so. In Khumalo and Others v Holomisa it was accordingly held that the “Constitution intends that the interests of justice (coupled with leave of this Court) be the determinative criterion for deciding when appeals should be entertained by this Court.” However, the decision in respect of which leave is sought must be on a constitutional matter. Once it is clear that the case does raise a constitutional matter, the next question is whether it is in the interests of justice for an appeal to lie directly to this Court. This Court has developed criteria for deciding whether it is in the interests of justice or not and has made it clear that each case has to be decided on its own merits.

Was the dismissal of the application a decision on a constitutional matter? Rh