Constitutional Court of South Africa

Constitutional Court of South Africa
Court name	Constitutional Court of South Africa
Caption	The Constitutional Court building in Johannesburg
Established	1994
Location	Constitution Hill, Braamfontein, Johannesburg
Coordinates	26, 11, 19, S...
Authority	Constitution of South Africa, Chapter 8
Terms	12 years, non-renewable
Positions	11
Chiefjudgename	Raymond Zondo
Termstart	1 April 2022

Constitutional Court of South Africa. It is the highest court in the Republic of South Africa on matters of constitutional law, established following the nation's transition to democracy. The court's authority is derived from the Constitution of South Africa, which it is tasked with interpreting, protecting, and enforcing. Its rulings are binding on all organs of state, including the Parliament of South Africa, the President of South Africa, and the judiciary.

History and establishment

The court was conceived during the Negotiations to end apartheid in South Africa and formally established by the Interim Constitution of South Africa in 1994. Its creation was a cornerstone of the new democratic order, designed to break from the parliamentary sovereignty of the apartheid era and entrench constitutional supremacy. The first judges, including President Arthur Chaskalson and Justice John Didcott, were appointed by President Nelson Mandela in 1994. The court began its work in temporary quarters in the Johannesburg suburb of Braamfontein before moving to its permanent home on Constitution Hill.

Jurisdiction and functions

The court has exclusive jurisdiction over certain constitutional matters, including disputes between organs of state and deciding on the constitutionality of any parliamentary or provincial bill. It also holds the power to confirm any order of invalidity made by the Supreme Court of Appeal or a High Court. Its functions include interpreting the Constitution of South Africa, protecting the Bill of Rights, and adjudicating elections for the National Assembly. All matters must raise a constitutional issue or involve an application of the Bill of Rights.

Composition and appointment

The court consists of eleven judges, including a Chief Justice and a Deputy Chief Justice. Judges are appointed by the President of South Africa from a list drawn up by the Judicial Service Commission following a public interview process. A requirement is that the court reflects the racial and gender composition of South Africa. Appointees serve a single, non-renewable term of twelve years or until they reach the age of seventy. Notable members have included Albie Sachs, Dikgang Moseneke, and Edwin Cameron.

Landmark decisions

The court has issued numerous seminal rulings that have shaped South African society. In the landmark case of Minister of Home Affairs v Fourie, it legalized same-sex marriage in South Africa. In Government of the Republic of South Africa v Grootboom, it elaborated on the state's duties regarding socio-economic rights. The court also upheld the abolition of the death penalty in South Africa in State v Makwanyane and ruled against President Jacob Zuma on matters of corruption in cases like Economic Freedom Fighters v Speaker of the National Assembly.

Building and symbolism

The permanent court building, opened in 2004, is located on the historic site of the Old Fort prison complex on Constitution Hill, where prisoners like Nelson Mandela and Mahatma Gandhi were once held. Designed by architects from OMM Design Workshop and Urban Solutions, its architecture emphasizes transparency and openness, featuring a public atrium and walls inscribed with the text of the Bill of Rights. The building incorporates bricks from the demolished prison awaiting-trial block, symbolizing the transformation from injustice to constitutional democracy.

Relationship with other courts

As the apex court on constitutional matters, its decisions bind all other courts, including the Supreme Court of Appeal (the highest court for non-constitutional matters) and the various High Courts. The Constitutional Court does not hear appeals on the facts of a case or on non-constitutional legal issues, which remain the domain of the Supreme Court of Appeal. This structure creates a unique two-tiered apex, with the Constitutional Court and the Supreme Court of Appeal operating in distinct but complementary jurisdictions under the overarching authority of the Constitution of South Africa.

Category:Constitutional courts Category:National supreme courts Category:1994 establishments in South Africa