Chapter 8: Courts and Administration of Justice
an Act of Parliament, a provincial Act or any conduct of the President, but an
order of constitutional invalidity has no force unless it is confirmed by the
Constitutional Court.
[Par (a) substituted by s. 7 of the Constitution Seventeenth Amendment Act of 2012.]
(b) A court which makes an order of constitutional invalidity may grant a
temporary interdict or other temporary relief to a party, or may adjourn the
proceedings, pending a decision of the Constitutional Court on the validity of
that Act or conduct.
(c) National legislation must provide for the referral of an order of constitutional
invalidity to the Constitutional Court.
(d) Any person or organ of state with a sufficient interest may appeal, or apply,
directly to the Constitutional Court to confirm or vary an order of constitutional
invalidity by a court in terms of this subsection.
Inherent power
173. � The Constitutional Court, the Supreme Court of Appeal and the High Court of South Africa
each has the inherent power to protect and regulate their own process, and to develop the
common law, taking into account the interests of justice.
[S. 173 substituted by s. 8 of the Constitution Seventeenth Amendment Act of 2012.]
Appointment of judicial officers
174. � (1)
Any appropriately qualified woman or man who is a fit and proper person may be
appointed as a judicial officer. Any person to be appointed to the Constitutional
Court must also be a South African citizen.
(2) � The need for the judiciary to reflect broadly the racial and gender composition of
South Africa must be considered when judicial officers are appointed.
(3) � The President as head of the national executive, after consulting the Judicial Service
Commission and the leaders of parties represented in the National Assembly,
appoints the Chief Justice and the Deputy Chief Justice and, after consulting the
Judicial Service Commission, appoints the President and Deputy President of the
Supreme Court of Appeal.
[Sub-s. (3) substituted by s. 13 of the Constitution Sixth Amendment Act of 2001.]
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