Constitutional Court of South Africa
The Constitutional Court of South Africa is a supreme constitutional court established by the Constitution of South Africa, and is the apex court in the South African judicial system, with general jurisdiction.
Constitutional Court
List
- 10 other official names:
- Konstitusionele Hof (Afrikaans)
- iKhotho yoMthetho-sisekelo (Southern Ndebele)
- iNkundla yoMgaqo-siseko (Xhosa)
- iNkantolo yoMthethosisekelo (Zulu)
- iNkantolo yeMtsetfosisekelo (Swazi)
- Kgorotsheko ya Molaotheo (Northern Sotho)
- Lekgotla la Dinyewe la Molaotheo (Sotho)
- Kgotlatshekelo ya Molaotheo (Tswana)
- Khoto ya Vumbiwa (Tsonga)
- Khothe ya Ndayotewa (Venda)
- 10 other official names:
- Konstitusionele Hof (Afrikaans)
- iKhotho yoMthetho-sisekelo (Southern Ndebele)
- iNkundla yoMgaqo-siseko (Xhosa)
- iNkantolo yoMthethosisekelo (Zulu)
- iNkantolo yeMtsetfosisekelo (Swazi)
- Kgorotsheko ya Molaotheo (Northern Sotho)
- Lekgotla la Dinyewe la Molaotheo (Sotho)
- Kgotlatshekelo ya Molaotheo (Tswana)
- Khoto ya Vumbiwa (Tsonga)
- Khothe ya Ndayotewa (Venda)
1994
South Africa
Presidential appointment, after consultation
non-renewable 12 years (extendable by Parliament)
11
1 April 2022
1 September 2022
The Court was first established by the Interim Constitution of 1993, and its first session began in February 1995.
[1] It has continued in existence under the Constitution of 1996. The Court sits in the city of Johannesburg. After initially occupying commercial offices in Braamfontein, it now sits in a purpose-built complex on Constitution Hill. The first court session in the new complex was held in February 2004. Originally the final appellate court for constitutional matters, since the enactment of the Seventeenth Amendment of the Constitution in 2013, the Constitutional Court has jurisdiction to hear any matter if it is in the interests of justice for it to do so.
The Constitutional Court consists of eleven judges who are appointed by the President of South Africa from a list drawn up by the Judicial Service Commission. The judges serve for a term of twelve years. The Court is headed by the Chief Justice of South Africa and the Deputy Chief Justice. The Constitution requires that a matter before the Court be heard by at least eight judges. In practice, all eleven judges hear almost every case. Decisions are reached by a majority and written reasons are given.
Justices[edit]
Appointment procedure and tenure[edit]
Sections 174 to 178 of the Constitution deal with the appointment of judicial officers.[4] Judges may not be members of Parliament, of the government or of political parties. To select judges the Judicial Service Commission first draws up a list of candidates, which must have at least three more names than the number of vacancies. The Commission does this after calling for nominations and holding public interviews. Then the President, after consultation with the Chief Justice and the leaders of political parties represented in the National Assembly, chooses the judges from this list.
In terms of section 176(1) of the Constitution, judges of the Constitutional Court serve for a non-renewable term of 12 years or until they reach the age of 70, whichever is earlier; but these limits may be extended by an Act of Parliament. Section 4 of the Judges' Remuneration and Conditions of Employment Act 47 of 2001 has extended the term limit to an effective term of 15 years including prior service on other courts. The effect is that judges who had served more than 3 years before their appointment to the Constitutional Court retain a 12-year term limit; those who did not, have a longer tenure. The same section extends the retirement age to 75. However, in terms of section 3(2)(b), if the judge has already been a judge (in any court) for 15 years by the time they reach the age of 65, they may voluntarily retire.
The Constitution as the supreme law[edit]
The judgments of the court are based on the Constitution, which is the supreme law of the land. They enforce the basic rights and freedoms of all persons. They are binding on all organs of government, including the parliament, the presidency, the police force, the army, the public service and all courts. This means that the Court has the power to declare an Act of Parliament null and void if it conflicts with the Constitution and to control executive action in the same way.
When interpreting the Constitution, the Court is required to consider international human rights law and may consider the law of other democratic countries.[8] Since the enactment of the Superior Courts Act, the Constitutional Court has had jurisdiction to hear any matter if it is in the interests of justice for it to do so.
Other bodies protecting human rights[edit]
The Court is one of many bodies created by the Constitution to defend the rights of citizens. It is concerned with matters of broad constitutional principle. Bad or incorrect conduct by state officials can be reported to the Office of the Public Protector, formerly called the Ombudsman. The Human Rights Commission has been established to handle complaints of violation of human rights in daily life. The ordinary courts, notably the small claims courts, the Magistrates' Courts, the High Courts and the Supreme Court of Appeal, deal with day-to-day disputes between citizens and between citizens and the state.
Co-operation with Parliament and Provincial Assemblies[edit]
The Constitutional Court has a special responsibility to parliament and the provincial legislatures. If there is a dispute in parliament or in a provincial legislature concerning whether or not legislation that has been passed and assented to is constitutional, a third of the members of the body concerned may apply to the Constitutional Court to give a ruling. Similarly, the President or the Premier of a Province may refer a bill to the Court for a decision on its constitutionality before assenting to that Bill.
Proceedings in court[edit]
The Court does not hear evidence or question witnesses. It does not decide directly whether accused persons are guilty or whether damages should be awarded to an injured person. These are matters for the ordinary courts. Its function is to determine the meaning of the Constitution in relation to matters in dispute. One consequence of this is that the Court works largely with written arguments presented to it by the parties. The hearings of the Court are intended to address particularly difficult issues raised by the written arguments of the parties.
The hearings of the Court are open to the public and the press. No cameras or recorders are ordinarily permitted. The public is invited to attend all sessions. Ordinary rules of decent dress and decorum apply.