Constitutional Court

The Constitutional Court is the highest court in South Africa. It plays a central role in interpreting, protecting and enforcing the Constitution and makes final decisions on some of the most important constitutional and legal questions in the country. Section 167 of the Constitution sets out its composition and jurisdiction.

What is this court?

The Constitutional Court sits at the highest level of South Africa's court system. No other South African court is above it.

Although its name reflects its central role in constitutional matters, its jurisdiction is not limited only to constitutional disputes. Under section 167(3) of the Constitution, the Court may decide:

• constitutional matters; and

• another matter where the Court grants leave to appeal because the case raises an arguable point of law of general public importance that ought to be considered by the Constitutional Court.

The Constitutional Court itself makes the final decision about whether a matter falls within its jurisdiction.

What matters does it hear?

The Court hears cases involving important questions about the interpretation, protection and enforcement of the Constitution, including cases concerning constitutional rights and the constitutional powers and obligations of the state.

Certain matters may only be decided by the Constitutional Court. These include:

• disputes between organs of state in the national or provincial sphere about their constitutional status, powers or functions;

• certain questions concerning the constitutionality of parliamentary or provincial Bills;

• challenges to the constitutionality of an amendment to the Constitution;

• deciding whether Parliament or the President has failed to fulfil a constitutional obligation; and

• certifying a provincial constitution.

The Constitutional Court also has an important role where another court declares legislation or presidential conduct unconstitutional. An order by the Supreme Court of Appeal, High Court or a court of similar status declaring an Act of Parliament, provincial Act or conduct of the President invalid has no force unless it is confirmed by the Constitutional Court.

Who hears the case?

The Constitutional Court consists of 11 judges:

• the Chief Justice of South Africa;

• the Deputy Chief Justice; and

• nine other judges.

A case before the Constitutional Court must be heard by at least eight judges, although all available judges ordinarily sit when a case is heard.

Unlike a trial court, the Constitutional Court generally does not hear witnesses or receive evidence in the way that a court hearing a matter for the first time might. In appeals, it ordinarily considers the record of the proceedings that took place in the court below, together with written and oral legal argument.

Can you appeal its decisions?

No.

Because the Constitutional Court is the highest court in the Republic, there is no South African court to which a person can appeal a Constitutional Court decision.

However, this does not mean that anyone who loses a case in another court can automatically take the matter to the Constitutional Court. In many cases, a person must apply for leave to appeal, and the Constitutional Court decides whether it will hear the matter. The Constitution also permits a person, where it is in the interests of justice and with the Court's leave, to approach the Constitutional Court directly or to appeal directly to it from another court. Direct access is exceptional rather than the ordinary route through the court system.

Where is it located and how is it structured?

There is one Constitutional Court for South Africa.

It is situated at Constitution Hill in Braamfontein, Johannesburg, at:

Constitutional Court of South Africa

1 Hospital Street

Constitution Hill

Braamfontein

Gauteng

2017

The Court's location at Constitution Hill is particularly significant. The site was previously associated with imprisonment and repression and is now home to the country's highest court under the constitutional democratic order.

Important to know

The Constitutional Court is not the starting point for every constitutional dispute. Constitutional issues can be considered by other courts, and cases will often move through the court system before reaching the Constitutional Court.

The Constitutional Court nevertheless has the final say on matters falling within its jurisdiction, and certain constitutional questions are reserved exclusively for it.

Its hearings are generally open to the public, meaning members of the public may attend court proceedings, subject to the Court's rules and practical arrangements.

The Court's judgments are particularly important because they are binding and can shape how the Constitution, legislation and other areas of South African law are understood and applied.

Want to learn more? You can visit the official Constitutional Court of South Africa website to access judgments, court information and other official resources. Visit the Constitutional Court of South Africa