No idea, to get to a higher court, somebody has to appeal to a higher court to hear it. There are only two such courts: the supreme court of appeal and the constitutional court.
You cannot approach the SCoA directly - you can only get there by appealing a verdict in the high court. This decision was made during a case that wouldn't have met the old common law definition anyway, and leave to appeal was denied. But even if the SCoA overrode the denial - it wouldn't rule on the common law case since the conviction existed independently. 

So there are two options left. Somebody charged can appeal all the way up the chain to the SCoA or the concourt, or somebody can approach the concourt directly asking them to rule on the issue. Unlike the SCoA it's possible to approach the concourt directly (though they aren't obliged to agree to hear your case). 
You would still need standing to bring a case as well.

So possible, but I think unlikely.
IANAL. Somebody pls correct me if I got it wrong.