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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
April 1997
Reported
Presidential clemency powers are constitutionally reviewable; categorical remission for mothers was held not unfairly discriminatory on these facts.
Constitutional law — Presidential prerogative/clemency powers under s82(1)(k) — executive acts subject to Constitution and review — equality clause s8(2)/(4) — sex/gender discrimination by categorical remission to mothers — presumption of unfairness and its rebuttal — justification/limitations analysis under s33(1) — appropriate remedy.
18 April 1997
Reported
Section 84’s presumption of negligence in non‑control-area fires is constitutionally valid and not unfairly discriminatory.
Forestry Act s84 — presumption of negligence for fires outside fire control areas — constitutional challenge under Interim Constitution: presumption of innocence (s25(3)(c)) and equality/unfair discrimination (s8); interpretive saving under s35(2) to prefer constitutionally viable construction; differentiation tested by rationality and dignity-focused unfairness analysis.
18 April 1997