The Constitutional Court: Upholding Our Rights And Freedoms

The Constitutional Court is the highest court in South Africa's judicial system. It was established by the Interim Constitution of 1993 and sits in Johannesburg. The court is made up of eleven judges appointed by the President of South Africa, who serve for a term of twelve years. The court deals exclusively with constitutional matters, including disputes about the powers and constitutional status of branches of government. It also considers the interpretation and protection of the Constitution in relation to matters in dispute. The Constitutional Court functions as a court of appeal, considering the record of evidence heard in the original court and working largely with written arguments.

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Jurisdiction

The Constitutional Court of South Africa is the highest court in the country for constitutional matters. Its jurisdiction is restricted to constitutional matters and issues connected with decisions on constitutional matters.

The Court's jurisdiction is outlined in Chapter 8 of the final Constitution, entitled "Courts and Administration of Justice". Section 167(4) grants the Constitutional Court exclusive jurisdiction in deciding disputes about the powers and constitutional status of branches of government.

The Court has the sole authority to decide on 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 Constitutional Court functions primarily as a court of appeal, considering the record of evidence heard in the original court. It does not hear evidence or question witnesses directly. Instead, it works largely with written arguments presented to it by the parties involved.

The Court's rulings are made by a majority vote of the judges, with a quorum of at least eight judges required to hear a case. All eleven judges typically hear every case, and the ruling is published in a written judgment.

Interpreting the constitution

The Constitutional Court of South Africa is the highest court in constitutional matters. It was established by the Interim Constitution of 1993 and its first session was held in February 1995. The Court sits in Johannesburg and is headed by the Chief Justice of South Africa and the Deputy Chief Justice.

The Court's jurisdiction is restricted to constitutional matters and issues connected to decisions on constitutional matters. It has exclusive jurisdiction in deciding disputes about the powers and constitutional status of branches of government. It is the only court that can decide disputes between organs of state concerning the constitutional status, powers, or functions of those organs. The Court 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 Constitutional Court has a special responsibility to parliament and the provincial legislatures. If there is a dispute regarding the constitutionality of legislation that has been passed, a third of the members of the body concerned may apply to the Court for a ruling. The Court does not hear evidence or question witnesses, instead functioning as a court of appeal that considers the record of evidence heard in the original court. The hearings are intended to tackle difficult issues raised by the written arguments presented to the Court.

The 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, and a quorum of at least eight judges is required to hear a matter. Decisions are reached by a majority vote, and written reasons are published.

Hearing cases

The Constitutional Court of South Africa is the supreme constitutional court established by the Constitution of South Africa. It is the highest court in the country when it comes to the interpretation, protection and enforcement of the Constitution. The Court sits in Johannesburg and was first established by the Interim Constitution of 1993, with its first session taking place in February 1995.

The Court's function is to hear cases that raise questions about the application or interpretation of the Constitution. It does not hear evidence or question witnesses, but rather considers the record of evidence heard in the original court that heard the matter. The Court works largely with written arguments presented to it by the parties. The procedure for bringing a case is set out in the rules of the Constitutional Court, with a quorum of at least eight judges required to hear a case, though in ordinary practice, all eleven judges hear every case.

The Constitutional Court has exclusive jurisdiction in deciding disputes about the powers and constitutional status of branches of government. It is the only court that can decide disputes between organs of state in the national or provincial sphere concerning the constitutional status, powers or functions of those organs of state. The Court 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 plays a crucial role in ensuring the protection and enforcement of the Constitution, providing a check and balance on the powers of the government and upholding the rule of law. The hearings are intended to tackle difficult issues raised by the written arguments presented to the Court, with each judge's decision being published in a written judgment.

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Deciding on constitutional amendments

The Constitutional Court is the highest court in constitutional matters in South Africa. It was first established by the Interim Constitution of 1993 and its first session took place in February 1995. The Court sits in Johannesburg and is headed by the Chief Justice of South Africa.

The Constitutional Court has exclusive jurisdiction in deciding disputes about the powers and constitutional status of branches of government. It is the only court that can decide disputes between organs of state concerning the constitutional status, powers or functions of those organs.

The Court's function is to determine the meaning of the Constitution in relation to matters in dispute. It does not hear evidence or question witnesses, but works with written arguments presented to it. The Court does not decide directly on the guilt of accused persons or whether damages should be awarded to an injured person; these are matters for the ordinary courts.

The Constitutional Court is the only court that can decide on the constitutionality of any amendment to the Constitution. This means that it has the power to interpret and enforce the Constitution, ensuring that any changes made to it align with the existing framework. The Court's role in deciding on constitutional amendments is crucial for maintaining the integrity and consistency of the Constitution, as well as upholding the principles of democracy and the rule of law.

Appointing judges

The Constitutional Court of South Africa is the supreme constitutional court established by the Constitution of South Africa. It is the apex court in the South African judicial system, with general jurisdiction. The Court was first established by the Interim Constitution of 1993, and its first session began in February 1995. It has continued in existence under the Constitution of 1996.

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 a quorum of at least eight judges. In ordinary practice, all eleven judges hear every case. If any judge is absent for a long period or a vacancy arises, an acting judge may be appointed.

The process of appointing judges to the Constitutional Court is a collaborative effort involving the Judicial Service Commission and the President of South Africa. The Judicial Service Commission is responsible for identifying and selecting qualified individuals to serve as judges on the Constitutional Court. This typically involves a rigorous selection process, including evaluating candidates' legal knowledge, experience, and integrity. The Commission then presents a list of recommended candidates to the President.

The President plays a crucial role in appointing judges to the Constitutional Court. The President reviews the list provided by the Judicial Service Commission and makes the final decision on the appointments. The President considers the qualifications, experience, and diversity of the candidates to ensure a balanced and representative judiciary. The President's appointments are typically made with the input and advice of legal experts and stakeholders within the judicial system.

The appointment of judges to the Constitutional Court of South Africa is a deliberate and meticulous process aimed at selecting individuals with exceptional legal expertise, a strong commitment to upholding the Constitution, and a diverse range of perspectives and backgrounds. The collaboration between the Judicial Service Commission and the President ensures a fair and merit-based selection process, promoting the integrity and independence of the judiciary.

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