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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
3 judgments
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3 judgments
Citation
Judgment date
March 2003
Reported
Section 5 of the Children’s Status Act unlawfully discriminated by excluding permanent same-sex life partners from parental recognition.
Constitutional law – Equality – Section 5 of Children’s Status Act – discrimination on ground of sexual orientation and marital status – section 9(3) – reading-in and severance as remedy – refusal to extend remedy to unmarried heterosexual partners – refusal to suspend declaration.
28 March 2003
Reported
Omission of permanent same‑sex life partners from judicial benefits is unconstitutional; reading‑in remedy granted.
Constitutional law – Equality – Unfair discrimination on grounds of sexual orientation and marital status – Statutory benefits limited to spouses of judges excluding permanent same‑sex life partners – Reading‑in remedy; direct access granted.
17 March 2003
Reported
Section 160(d) of the Liquor Act unjustifiably limits freedom of expression by unduly capturing theatrical performances.
Constitutional law – Freedom of expression (s16) – Artistic creativity – Limitation analysis (s36) – Overbroad statutory prohibition on performances at licensed premises, including theatres – Confirmation of High Court declaration of invalidity – Saving for final convictions.
11 March 2003