Chapter 8: Courts and Administration of Justice
Constitutional Court
167.
(1)
The Constitutional Court consists of the Chief Justice of South Africa, the Deputy
Chief Justice and nine other judges.
[Sub-s. (1) substituted by s. 11 of the Constitution Sixth Amendment Act of 2001.]
(2)
(3)
A matter before the Constitutional Court must be heard by at least eight judges.
The Constitutional Court—
(a) is the highest court of the Republic; and
(b) may decide –
(i) constitutional matters; and
(ii) any other matter, if the Constitutional Court grants leave to appeal on
the grounds that the matter raises an arguable point of law of general
public importance which ought to be considered by that Court, and
(c) makes the final decision whether a matter is within its jurisdiction.
[Sub-s (3) substituted by s. 3 of the Constitution Seventeenth Amendment Act of 2012.]
(4)
(5)
Only the Constitutional Court may—
(a) decide disputes between organs of state in the national or provincial
sphere concerning the constitutional status, powers or functions of any of
those organs of state;
(b) decide on the constitutionality of any parliamentary or provincial Bill, but may
do so only in the circumstances anticipated in section 79 or 121;
(c) decide applications envisaged in section 80 or 122;
(d) decide on the constitutionality of any amendment to the Constitution;
(e) decide that Parliament or the President has failed to fulfil a constitutional
obligation; or
(f) certify a provincial constitution in terms of section 144.
The Constitutional Court makes the final decision whether an Act of Parliament, a
provincial Act or conduct of the President is constitutional, and must confirm any
order of invalidity made by the Supreme Court of Appeal, the High Court of South
Africa, or a court of similar status, before that order has any force.
[Sub-s (5) substituted by s. 3 of the Constitution Seventeenth Amendment Act of 2012.]
(6)
National legislation or the rules of the Constitutional Court must allow a person,
when it is in the interests of justice and with leave of the Constitutional Court—
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