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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
2 judgments
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2 judgments
Citation
Judgment date
December 1997
Reported
Differing rezoning procedures for exempted and non-exempted local authorities do not violate the interim Constitution’s equality guarantee.
Town planning — Rezoning procedures — Differing procedures for exempted and non-exempted local authorities — Whether denial of right of appeal to objectors breaches equality (s 8) — Differentiation held rationally connected to legitimate governmental purpose.
4 December 1997
Reported
A 23‑month pre‑trial delay causing social but not trial prejudice did not justify a permanent stay; High Court costs order set aside.
Constitutional law – fair trial: right to trial within a reasonable time (s 25(3)(a)) – meaning of "charged" – scope includes remand/arraignment – right protects liberty, social (stigma, occupational, anxiety) and trial-related prejudice – reasonableness assessed by flexible balancing test (length, reasons including systemic, assertion, prejudice) – permanent stay an extraordinary remedy reserved for significant trial prejudice – costs against bona fide constitutional litigant reversed.
2 December 1997