What is Constitutional Court?
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.
Where Is Constitutional Court In South Africa
The Constitutional Court was established in 1996 by the Constitution of the Republic of South Africa. The court is situated at Constitutional Hill Precinct in Braamfontein, Johannesburg. There are 11 judges of the Constitutional Court, namely a Chief Justice, a Deputy Chief Justice, and 9 Judges. A matter must be heard by at least 8 judges.
The Constitutional Court is the apex court in South Africa. Its decisions cannot be changed by any other court. The court decides constitutional and general matters.
A constitutional matter includes any issue involving the interpretation, protection, or enforcement of the Constitution. General matters are heard if the Constitutional Court grants leave to appeal. A general matter is one that is of general and public importance.
The Constitutional Court makes the final decision on whether a matter is within its jurisdiction.
Only the Constitutional Court hears –
(a) Disputes between organs of state in the national or provincial sphere concerning the constitutional status, powers, or functions of any of those organs of state;
(b) The constitutionality of any parliamentary or provincial Bill;
(c) The constitutionality of any amendment to the Constitution;
(d) A matter that Parliament or the President has failed to fulfill a constitutional obligation;
(e) A matter to certify a provincial constitution in terms of section 144 of the Constitution.
A matter may be brought directly to the Constitutional Court or appealed directly to the Constitutional Court from any other court. Leave of the Constitutional Court is required to do so.
How many constitutional courts are there in South Africa?
At the moment there are 10 High Courts: the Cape of Good Hope; Eastern Cape; Northern Cape; Free State; Kwa-Zulu Natal; Transvaal; Transkei; Ciskei; Venda and North-West. There are also three local divisions: the Witwatersrand Local Division, the Durban and Coast Local Division, and South-eastern Cape Division.
How do you access the Constitutional Court?
Section 167(6)(b) provides that a person, when it is in the interests of justice and with permission of the Constitutional Court, can appeal directly to the Constitutional Court from any other court. This would be the most common way that cases reach the Constitutional Court.