Constitutional Court of South Africa

Constitutional Court of South Africa

The Constitutional Court of South Africa is the highest court in the country concerning constitutional matters. It was established in 1994 by South Africa's first democratic constitution, the Interim Constitution of 1993, and continued under the final Constitution of 1996. The court is located in Johannesburg, on Constitution Hill, a site that was once a prison complex.

History

The Constitutional Court was established as part of South Africa's transition from apartheid to a constitutional democracy. The Interim Constitution of 1993 laid the groundwork for the court, which was tasked with upholding the principles of the new democratic order. The court's first session was held in February 1995.

Jurisdiction

The Constitutional Court has jurisdiction over constitutional matters and issues connected with decisions on constitutional matters. It is the final arbiter on the interpretation, protection, and enforcement of the Constitution of South Africa. The court's jurisdiction includes:

• Reviewing the constitutionality of legislation and executive actions.
• Deciding on 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.
• Certifying provincial constitutions.
• Hearing appeals in constitutional matters from any other court.

Composition

The court is composed of eleven judges, including a Chief Justice and a Deputy Chief Justice. Judges are appointed by the President of South Africa, in consultation with the Judicial Service Commission and the leaders of parties represented in the National Assembly.

Notable Cases

The Constitutional Court has presided over several landmark cases that have shaped South African law and society. Some of these include:

• S v Makwanyane (1995): This case abolished the death penalty in South Africa, declaring it unconstitutional.
• Minister of Health v Treatment Action Campaign (2002): The court ordered the government to make antiretroviral drugs available to prevent mother-to-child transmission of HIV.
• Grootboom v Government of the Republic of South Africa (2000): This case established the state's obligation to provide access to adequate housing.

Role in South African Society

The Constitutional Court plays a crucial role in safeguarding democracy and human rights in South Africa. It serves as a check on the powers of the other branches of government and ensures that the rights enshrined in the Constitution are respected and upheld.

Architecture and Symbolism

The court building is renowned for its unique architecture and symbolic design, which reflects the values of the new South Africa. The court is built on the site of the Old Fort Prison, symbolizing the transition from a history of oppression to one of justice and equality.

Also see

• Constitution of South Africa
• Judiciary of South Africa
• Supreme Court of Appeal of South Africa
• Human rights in South Africa