Rule 10 of the Constitutional Court Rules provides as follows:“10. Amicus curiae(1) The Court may invite any person with particular expertise which is relevant to the determination of any matter before it to appear as amicus curiae, and, the amicus curiae so invited shall file heads of argument within the ...
Rule 10 of the Constitutional Court Rules provides as follows:
“10. Amicus curiae
(1) The Court may invite any person with particular expertise which is relevant to the determination of any matter before it to appear as amicus curiae, and, the amicus curiae so invited shall file heads of argument within the time stipulated by the Court.
(2) A person with the expertise described in subrule (1) may apply to the Court or a Judge for an order to appear as amicus curiae.
(3) An application in terms of subrule (2) shall be made no later than five days after the filing of the respondent's heads of argument or after the time for filing such heads of argument has expired, and shall —
(a) Describe the particular expertise which the applicant possesses;
(b) Describe the interests of the applicant in the proceedings;
(c) Briefly identify the position to be adopted in the proceedings by the applicant; and
(d) Set out the submissions to be advanced by the applicant, their relevance to the proceedings, and the applicant's reasons for believing that the submissions will be useful to the Court and different from those of the other parties.
(4) The Court or a Judge may, if it or he or she considers it to be in the interests of justice, grant the application upon such terms and conditions, including the date of filing the written argument, and with such rights and privileges as it or he or she may determine.
(5) An amicus curiae shall have the right to file heads of argument which raise new contentions which may be useful to the Court and do not repeat any submissions set forth in the heads of argument of the other parties.
(6) An amicus curiae shall be limited to the record on appeal, application, or referral and shall not add thereto.
(7) Except in the most exceptional circumstances, no order of costs shall be made either for or against any person appearing as amicus curiae.”
