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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/
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5 judgments
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Judgment date
October 2002
Ex Parte: Mercer and Another [2002] ZACC 23 (28 October 2002)
Reported
Direct access refused as premature; applicants must await High Court appeal on constitutional challenge to problem-animal ordinance.
Constitutional procedure – direct access to Constitutional Court – prematurity and need to await High Court determination; constitutional challenge to provincial ordinances – equality (s9) and environmental rights (s24).
 28 October 2002
Jordan and Others v S (CCT 31/01) [2002] ZACC 22 (9 October 2002)
Reported
Whether criminalising prostitution by penalising sellers but not buyers constitutes unfair gender discrimination.
Constitutional law – applicable constitution (interim Constitution) – Sexual offences – Prohibition of sex for reward (s20(1)(aA)) – indirect discrimination on grounds of sex – privacy and economic-activity challenges – brothel provisions (ss2,3(b),3(c)) – remedial options (declaration, suspension).
 9 October 2002
President of Republic of South Africa and Others v United Democratic Movement (African Christian Democratic Party and Others intervening) [2002] ZACC 34 (4 October 2002)
Reported
High Courts may grant narrowly tailored interim relief to prevent imminent irreparable harm from impugned legislation; broad suspensions were unwarranted.
Constitutional law; jurisdiction to entertain interim relief suspending legislation; abstract review limited to ss 79/121 and s 80(3); High Courts may, in exceptional cases, grant narrowly tailored interim relief to maintain status quo or prevent imminent irreparable harm; strict necessity and balancing required; suspension of constitutional amendments only in extreme cases.
 4 October 2002
United Democratic Movement v President of Republic of South Africa and Others (African Christian Democratic Party and Others intervening ) [2002] ZACC 21 (4 October 2002)
Reported
A Parliamentally enacted floor‑crossing scheme was mostly constitutional, but the Membership Act was invalid for being enacted after item 23A’s ‘‘reasonable period’’ expired.
Constitutional law — amendments — s74 procedure — proportional representation and anti‑defection not immune from amendment; floor‑crossing legislation within Parliament’s discretion when rationally related to legitimate purposes; item 23A’s temporal limitation on amendment by ordinary Act is enforceable — Membership Act invalid for breach of the ‘reasonable period’ constraint.
 4 October 2002
United Democratic Movement v President of Republic of South Africa and Others (African Christian Democratic Party and Others intervening) [2002] ZACC 33 (4 October 2002)
Reported
Court granted interim status-quo relief and leave to appeal, postponing determination of floor-crossing legislation’s constitutionality.
Constitutional law — separation of powers — whether High Courts may suspend commencement of constitutional amendments or Acts — urgent interim relief to preserve status quo in legislatures and municipalities pending constitutional challenge to floor-crossing legislation.
 4 October 2002