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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
June 1997
Reported
Court rejects punitive "constitutional damages" claim; common‑law compensation deemed adequate in this case.
Constitutional remedies — section 7(4)(a) interim Constitution — appropriateness of damages as relief for chapter 3 infringements — limits on punitive/exemplary constitutional damages against the State — development of common law to give effect to constitutional rights — limited weight of foreign jurisprudence.
5 June 1997
Reported
The applicant's request to extend suspension of an invalidity order was refused for inexcusable delay and inadequate justification.
Constitutional law — Variation of court orders — Power to extend or vary suspension of declaration of invalidity — Section 172(1)(b)(ii) and section 173 considered; common-law functus officio principle — Rule 17 direct access procedure and out-of-term hearings — Ministerial duty to place full and timely information before court when seeking suspension — Executive delay and inadequacy of affidavits fatal to application.
5 June 1997