Chapter 8: Courts and Administration of Justice
(a) to bring a matter directly to the Constitutional Court; or
(b) to appeal directly to the Constitutional Court from any other court.
(7) � A constitutional matter includes any issue involving the interpretation, protection or
enforcement of the Constitution.
Supreme Court of Appeal
168.
(1)
The Supreme Court of Appeal consists of a President, a Deputy President and the
number of judges of appeal determined in terms of an Act of Parliament.
[Sub-s. (1) substituted by s. 12 of the Constitution Sixth Amendment Act of 2001.]
(2) � A matter before the Supreme Court of Appeal must be decided by the number of
judges determined in terms of an Act of Parliament.
[Sub-s. (2) substituted by s. 12 of the Constitution Sixth Amendment Act of 2001.]
(3) � (a) The Supreme Court of Appeal may decide appeals in any matter arising from
the High Court of South Africa or a court of a status similar to the High Court
of South Africa, except in respect of labour or competition matters to such an
extent as may be determined by an Act of Parliament .
(b) The Supreme Court of Appeal may decide only (i) appeals;
(ii) issues connected with appeals; and
(iii) any other matter that may be referred to it in circumstances defined by
an Act of Parliament.
[Sub-s (3) substituted by s. 4 of the Constitution Seventeenth Amendment Act of 2012.]
�
High Court of South Africa
169.
(1)
The High Court of South Africa may decide—
(a) any constitutional matter except a matter that—
(i) the Constitutional Court has agreed to hear directly in terms of section
167(6)(a); or
(ii) is assigned by an Act of Parliament to another court of a status similar to
the High Court of South Africa; and
(b) any other matter not assigned to another court by an Act of Parliament.
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