Writ of Mandamus against the Supreme Court 2025 SDCR 34
Writ of Mandamus against the Supreme Court [2025] SDCR 34
| Date of judgment | 7th December 2025 |
| Judges |
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| Held | A lower Court cannot issue a Writ of Mandamus to a higher Court. |
| Ruling | 3-0 |
| Applicable precedent |
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MAJORITY OPINION by Judge Brandmal
(with Judge Ferris and Ppatpat agreeing)
Introduction and Verdict
[1] The SDIOA petitioned this Court for a Writ of Mandamus against the Supreme Court. Under binding precedent of In re Writ of Prohibition - Lucas v Department of Justice [2025] SDSC 27 Writs of Prohibition can not be issued to higher Courts. That part of the verdict has not been supplanted by the subsequent constitutional amendments. Writs of Mandamus are similar in nature, as the Court is petitioned to give an order to another authority, regardless of whether it orders to do or not to do something. It follows, that a lower Court cannot issue a Writ of Mandamus to a higher Court. Such Writs would also tend to be overruled, as they intend to force an opinion of law on that higher Court. Seeing how the Supreme Court can act sua sponte, this Court's orders would be wholly irrelevant. The involved actors are, unlike for example cases where the Judiciary orders the Executive, institutionally unequal. The Writ must therefore be denied.
Dicta
[2] The Court does not intend to say there are no ways to sue or request a verdict from a lower Court on a higher Court. The Supreme Court has no recognised immunity (see SD v Guava [2025] Crim 95 [22]). However, due to the jurisdiction of the SDCR, only a question of law would allow us to even respond to the actual issue. Such a question of law would also not have the same issues as a Writ of Mandamus, as the answer to the question would not directly order the Supreme Court to do anything, but rather make a generalised finding of whether or not the Supreme Court was indeed obligated to release the information.
Citations
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