The Constitutional Court must determine if:
- due to allegations of
unlawful and/or unconstitutional conduct by lawyers
in KwaZulu Natal.
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hard evidence is not a prerequisite for a
threat to exist.
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evidential material that is now collected
needs only to be revealed at an appropriate
time (Inquiry).
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the appropriate time is not during the
constitutional court application.
-
a threat to the Bill of Rights exists.
-
the threat (conduct of lawyers) threatens
the Rights of the Public in the Bill of Rights.
-
the threat has a realistic chance of future infringement.
the Constitutional Court has a duty to act in the public interest
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