S v Van Vuuren 2005 (2) SACR 1 (CC)

Main Issue: Failure to pay maintenance order and leave to appeal/ applicant seeking to appeal to this Court concerning his failure to pay maintenance for his two minor children

Findings: Court reasons that the application does not raise any constitutional complaint and only wants to draw this Court’s attention to certain factual matters to which he asserts the magistrate did not pay due regard. It is however clear from this Court’s decision in S v Boesak that a complaint that a criminal court erred on the facts does not, on its own, constitute a constitutional matter. Therefore, it is held that the Court has no jurisdiction to entertain this application.