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Constitutional Court of South Africa

The Constitutional Court of South Africa is a supreme constitutional court established by the Constitution of South Africa, and is the apex court in the South African judicial system, with general jurisdiction. The Court was first established by the Interim Constitution of 1993, and its first session began in February 1995. It has continued in existence under the Constitution of 1996. The Court sits in the city of Johannesburg. The Constitutional Court has jurisdiction to hear any matter if it is in the interests of justice for it to do so. (Banner image credit: By André-Pierre from Stellenbosch, South Africa.)
Physical address
Constitutional Court, 1 Hospital Street, Constitution Hill, Braamfontein, South Africa, 2017
3 judgments
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3 judgments
Citation
Judgment date
November 1997
Reported
Whether section 27(3) requires the state to provide ongoing dialysis for chronic renal failure patients.
* Constitutional law – section 27(3) "emergency medical treatment" – limited to sudden, time‑limited emergencies; excludes routine, ongoing life‑prolonging treatment for chronic incurable conditions. * Health care rights – sections 27(1)–(2) – access to health services subject to "available resources" and progressive realisation; permits rationing and prioritisation. * Right to life (section 11) – does not, absent clearer constitutional language, impose an unconditional duty to fund indefinite life‑prolonging treatment. * Justiciability – courts reluctant to order specific allocation of scarce medical resources where rational clinical guidelines applied. * Administrative/medical criteria – transplant candidacy and comorbidity exclusions are permissible bases for dialysis prioritisation.
27 November 1997
Reported
A regulation excluding non‑citizens from permanent teaching posts unfairly discriminates against permanent residents and is unconstitutional.
Equality — Discrimination — Citizenship as an unspecified ground — Differentiation on citizenship can impair dignity and be unfair; protection of citizens' employment does not justify excluding permanent residents; subordinate regulations cannot be read to neutralise unconstitutional discrimination.
26 November 1997
Reported
Amended Western Cape provincial constitution certified as complying with section 143 after corrective amendments.
Constitutional law — Provincial constitutions — Certification under section 143 of the Constitution — Amendments curing prior defects — Executive structure provisions (provincial cabinet) must conform to section 1 values and Chapter 3.
18 November 1997