Chapter 8: Courts and Administration of Justice
(2)
(3)
The High Court of South Africa consists of the Divisions determined by an Act of
Parliament, which Act must provide for –
(a) the establishing of Divisions, with one or two more seats in a Division; and
(b) the assigning of jurisdiction to a Division or a seat with a Division.
Each Division of the High Court of South Africa –
(a) has a Judge President;
(b) may have one or more Deputy Judges President; and
(c) has the number of other judges determined in terms of national legislation.
[S. 169 substituted by s. 5 of the Constitution Seventeenth Amendment Act of 2012.]
Other courts
170.
All courts other than those referred to in sections 167, 168 and 169 may decide any matter
determined by an Act of Parliament, but a court of a status lower than the High Court of
South Africa may not enquire into or rule on the constitutionality of any legislation or any
conduct of the President.
[S. 170 substituted by s. 6 of the Constitution Seventeenth Amendment Act of 2012.]
Court procedures
171.
All courts function in terms of national legislation, and their rules and procedures must be
provided for in terms of national legislation.
Powers of courts in constitutional matters
172.
(1)
(2)
When deciding a constitutional matter within its power, a court—
(a) must declare that any law or conduct that is inconsistent with the Constitution
is invalid to the extent of its inconsistency; and
(b) may make any order that is just and equitable, including—
(i) an order limiting the retrospective effect of the declaration of invalidity;
and
(ii) an order suspending the declaration of invalidity for any period and on
any conditions, to allow the competent authority to correct the defect.
(a) The Supreme Court of Appeal, the High Court of South Africa or a court of
similar status may make an order concerning the constitutional validity of
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