The Constitutional Court

Introduction

The Constitutional Court of South Africa is the highest court in all constitutional matters and, since the Constitution Seventeenth Amendment Act of 2012, the Supreme Court of Appeal in all other matters. Established in 1994 under the Interim Constitution, the Court sits in Johannesburg and consists of eleven justices. The Constitutional Court is the ultimate guardian of the Constitution and the Bill of Rights.

Composition and Appointment

The Constitutional Court consists of the Chief Justice, the Deputy Chief Justice, and nine other justices. The President appoints justices on the advice of the Judicial Service Commission (JSC). The JSC nominates candidates and recommends them to the President, who must make the appointment from the nominated candidates.

Qualifications

Constitutional Court justices must be South African citizens and appropriately qualified. Most justices have extensive experience as judges, legal practitioners, or academics. The Constitution requires that the judiciary reflect the racial and gender composition of South Africa, promoting transformation.

Jurisdiction

The Constitutional Court has exclusive jurisdiction over disputes between organs of state in the national or provincial sphere concerning their constitutional status, powers, or functions. It also has exclusive jurisdiction over the constitutionality of bills before Parliament. The Court may decide constitutional matters and any other matter if it grants leave to appeal.

Leave to Appeal

Leave to appeal to the Constitutional Court will be granted only if the matter raises a constitutional issue or an arguable point of law of general public importance. The applicant must show that there are reasonable prospects of success and that the interests of justice require the appeal.

Impact and Legacy

The Constitutional Court has had a profound impact on South African law and society. Landmark decisions include S v Makwanyane (death penalty), Grootboom (housing rights), Treatment Action Campaign (HIV medication), Fourie (same-sex marriage), and Economic Freedom Fighters v Speaker (accountability). The Court has developed a distinctive constitutional jurisprudence that draws on international law, comparative law, and indigenous African values.

Conclusion

The Constitutional Court is the apex of South Africa’s judicial system and the ultimate guardian of the Constitution. Its transformative jurisprudence has shaped the development of constitutional law in South Africa and has influenced constitutional courts around the world. The Court continues to play a central role in protecting fundamental rights and upholding the rule of law.