Constitutional Court: Evidence And Its Handling

The Constitutional Court's role varies depending on the country and the legal system in question. For example, in South Africa, the Constitutional Court has jurisdiction over disputes between organs of state concerning constitutional status, powers, or functions. The Court also decides on the constitutionality of parliamentary or provincial bills and amendments to the Constitution. While the Court does not hear evidence or question witnesses directly, it considers the record of evidence from the original court that heard the matter. In criminal matters, the Court has ruled on the admissibility of evidence, such as bail records and extra-curial statements, based on constitutional principles and the rights to equality before the law and a fair trial. The Court generally avoids interfering with the factual findings and evidentiary decisions of lower courts, treating these as matters of true discretion. However, it has acknowledged that its interpretation of public policy and the rules of evidence can give it far-reaching jurisdiction.

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The Constitutional Court does not hear evidence or question witnesses

The Constitutional Court deals with matters of direct access to the court, as seen in the judgment handed down in Dudley v City of Cape Town and Another. The procedure in bringing a case is set out in the rules of the Constitutional Court. The Constitution requires that a matter be heard by a quorum of at least eight judges. In ordinary practice, all 11 judges hear every case. If any judge is absent for a long period or a vacancy arises, an acting judge may be appointed.

The Constitutional Court has exclusive jurisdiction over disputes between organs of state in the national or provincial sphere concerning the constitutional status, powers, or functions of those organs of state. It also decides on the constitutionality of any parliamentary or provincial bill, any amendment to the Constitution, and whether parliament or the president has failed to fulfil a constitutional obligation.

The Court has attempted to avoid the implication that it has wide-ranging jurisdiction over criminal matters. It has introduced the negative Principles 7 and 8, but this introduction is difficult to defend. The Court has jurisdiction over 'arguable points of law of general public importance'. This was the basis on which the Court had jurisdiction in Jacobs, and this is the basis on which it will have jurisdiction over the interpretation of constitutionally neutral legislation.

The Court has also ruled on the constitutionality of admitting evidence in criminal trials. In Mhlongo, the Court held that extra-curial statements by an accused cannot be used against a co-accused. The Court reasoned that the question implicates the rights to equality before the law and to a fair trial.

The Court considers the record of evidence from the original court

The Constitutional Court functions largely as a court of appeal, and as such, it does not hear evidence or question witnesses. Instead, it considers the record of evidence from the original court that initially heard the matter. This means that the Constitutional Court works primarily with written arguments presented to it. The hearings are intended to tackle difficult issues raised by these arguments.

The Court has attempted to avoid the implication that it has wide-ranging jurisdiction over criminal matters. However, it has been argued that the Court has far-reaching jurisdiction, if not limitless, as the rules of evidence for determining whether an accused person is guilty are informed by public policy. Applying these rules means the matter is constitutional.

The Court's reasoning in Mhlongo was that the question implicated the rights to equality before the law and a fair trial. The Court held that extra-curial statements by an accused cannot be used against a co-accused. The Court will be slow to interfere with the decision to admit or not admit evidence, considering this an exercise of true discretion, which can only be interfered with in limited circumstances.

The Court has also offered the rationale that it should not interfere with the factual findings of a lower court. However, this is a difficult principle to uphold as the Court is willing to resolve factual disputes in labour and administrative law contexts, as well as when the factual dispute is linked to a constitutional matter.

The Court works with written arguments

The Constitutional Court primarily functions as a court of appeal, and as such, it does not hear evidence or question witnesses. Instead, the Court works with written arguments and considers the record of the evidence heard in the original court that initially heard the matter.

The Constitutional Court's procedure for bringing a case is outlined in its rules. The Constitution requires a quorum of at least eight judges to hear a case, although all 11 judges typically hear every case. In the event of an absence or vacancy, an acting judge may be appointed.

The Court's role is to decide disputes between state organs at the national or provincial level concerning their constitutional status, powers, or functions. It also determines the constitutionality of parliamentary or provincial bills and amendments to the Constitution. Additionally, the Court can decide if parliament or the president has failed to fulfil a constitutional obligation.

The Constitutional Court has jurisdiction over criminal matters, but it is cautious about interfering with the admission or exclusion of evidence by lower courts. The Court considers this an exercise of discretion, which can only be interfered with in limited circumstances. The Court has introduced negative Principles 7 and 8 to avoid implying broad jurisdiction over criminal issues.

The Court's rulings are determined by a majority vote, with each judge indicating their decision.

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The Court has jurisdiction over criminal matters

The Constitutional Court has jurisdiction over criminal matters, but it does not hear evidence or question witnesses. Instead, it considers the record of the evidence heard in the original court that heard the matter. The Court works primarily with written arguments presented to it, and hearings are intended to tackle difficult issues raised by these arguments.

The Court has ruled on the constitutionality of admitting bail records and extra-curial statements by an accused against a co-accused in a criminal trial. In the case of Dudley v City of Cape Town and Another, the Court dealt with the matter of direct access to the court. The Court also has the power to decide disputes between organs of state concerning constitutional status, powers, or functions; the constitutionality of any parliamentary or provincial Bill; and whether parliament or the president has failed to fulfil a constitutional obligation.

The Constitutional Court has attempted to avoid the implication that it has wide-ranging jurisdiction over criminal matters by introducing negative Principles 7 and 8. However, the Court has acknowledged that it has jurisdiction over arguable points of law of general public importance and the interpretation of constitutionally neutral legislation.

The Court's jurisdiction is also influenced by the principle that it should not interfere with the factual findings of a lower court. However, this principle is challenged by the Court's willingness to resolve factual disputes in labour and administrative law contexts and when the dispute is linked to a constitutional matter. The Court's far-reaching jurisdiction is further highlighted by the interpretation of rules of evidence as informed by public policy, thus constituting the application of the Constitution.

The Court does not interfere with evidence admission

The Constitutional Court does not interfere with evidence admission. This is because the Court functions largely as a court of appeal, and considers the record of the evidence heard in the original court that heard the matter. The Court does not hear evidence or question witnesses.

The Court has attempted to avoid the implication that it has wide-ranging jurisdiction over criminal matters. In Mhlongo, the Court exercised jurisdiction over whether the Constitution permits the admission of an extra-curial statement by an accused against a co-accused in a criminal trial. The Court held that extra-curial statements by an accused cannot be used against a co-accused. The Court's reasoning was that the question implicated the rights to equality before the law and a fair trial.

The Court has also introduced the negative Principles 7 and 8 to avoid the implication that it has wide-ranging jurisdiction over criminal matters. Despite this, the Court has jurisdiction over the interpretation of constitutionally neutral legislation.

The Court has also applied the principle that it should not interfere with the factual findings of a lower court. However, the Court is willing to resolve factual disputes in labour and administrative law contexts, as well as when the factual dispute is linked to a constitutional matter.

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