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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
September 2002
Reported
Applicant’s challenge to judges for summary refusal of leave to appeal dismissed; courts of final instance need not give reasons.
Constitutional Court — direct access — requirements and exceptional nature; leave to appeal — no constitutional obligation for courts of final instance to furnish reasons when refusing leave; judicial docket control; Rule 18(10) — leave decided by Court as a whole; procedural non-compliance; Mphahlele precedent reaffirmed.
10 September 2002
Reported
Excluding permanent same-sex life partners from joint adoption and guardianship violates children’s best interests, equality and dignity.
Family law – Adoption and guardianship – Whether statutory provisions permitting joint adoption and guardianship only for married persons exclude permanent same-sex life partners and are constitutionally invalid. Constitutional law – Children's rights – Best interests of the child (section 28(2)) – statutory exclusion frustrating children’s access to stable family care. Equality (section 9) – unfair discrimination on grounds of sexual orientation and marital status. Human dignity (section 10) – non-recognition of co-parent as parent. Remedy – reading-in words to cure constitutional defect; High Courts as upper guardian pending legislative reform.
10 September 2002