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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.)
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Constitutional Court, 1 Hospital Street, Constitution Hill, Braamfontein, South Africa, 2017
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https://www.concourt.org.za/
3 judgments
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3 judgments
Citation
Judgment date
September 1997
Parbhoo and Others v Getz and Others [1997] ZACC 9 (18 September 1997)
Reported
Compelled answers under Companies Act s415 cannot be used against the witness in criminal trials, except specified statutory exceptions.
Companies Act s415(3),(5) — Compelled interrogation at creditors’ meetings — Self-incrimination and fair trial rights (s35(3)) — Admissibility of compelled answers in criminal proceedings — Interaction with Insolvency Act s65(2A) — Direct-use immunity — Constitutional Court procedure — referral and confirmation under ss167(5),172(2) and inherent power s173.
 18 September 1997
Pennington and Another v S (CCT 14/97) [1997] ZACC 10 (18 September 1997)
Reported
Constitutional Court may hear Supreme Court of Appeal constitutional appeals only with leave; 1996 Bill of Rights not applied to completed trials.
Constitutional Court – appellate jurisdiction – appeals from Supreme Court of Appeal on constitutional matters – leave required pending legislation – inherent power to regulate process – transitional provisions and non-retroactivity of new Bill of Rights to completed trials – appellate delay not ordinarily ground for reversal – leave applications may be dealt with in chambers.
 18 September 1997
Certification of the Constitution of the Western Cape, 1997 [1997] ZACC 8 (2 September 1997)
Reported
Provincial constitutions may vary structures/procedures but cannot alter national powers or reassign constitutional judicial duties.
Provincial constitution-making — NC 104(1)(a), NC 142-145 — limits of power; 'legislative or executive structures and procedures' defined narrowly as form/composition and internal procedures; electoral systems: provincial text may not displace nationally prescribed electoral system or leave electoral design to future provincial legislation; provinces may not reassign national judicial functions or vary nationally prescribed ethical prohibitions by local definition; repetition of national provisions germane to provincial governance permissible.
 2 September 1997