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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/
2 judgments
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2 judgments
Citation
Judgment date
February 2006
Matatiele Municipality and Others v President of the Republic of South Africa and Others (1) [2006] ZACC 2 (27 February 2006)
Reported
Parliament may alter provincial boundaries affecting municipal areas, but procedural compliance with s74(8)/s118(1)(a) requires further inquiry.
Constitutional law — amendment of provincial boundaries — Parliament’s power to alter provincial boundaries may affect municipal boundaries — Municipal Demarcation Board’s authority under s155(3)(b) not usurped by Twelfth Amendment; Procedural law — whether s74(8) requires provincial legislatures to comply with s118(1)(a) public-participation duty — further submissions and evidence ordered; Elections — local government elections to proceed pending final determination; Co-operative government — no separate determination at this stage.
 27 February 2006
African Christian Democratic Party v Electoral Commission and Others [2006] ZACC 1 (24 February 2006)
Reported
Whether a centralised bulk payment and unallocated surplus satisfied statutory deposit requirements, preventing disqualification from municipal elections.
Constitutional and electoral law – Municipal elections – interpretation of sections 14 and 17 of the Local Government: Municipal Electoral Act – deposit requirements and place/mode of payment. Electoral administration – validity of centralised/national payment facility for election deposits and effect of unallocated surplus funds. Constitutional rights – section 19 political rights (vote, form and stand for parties) and section 39(2) interpretative obligation to promote enfranchisement. Jurisdiction – Constitutional Court’s jurisdiction to hear municipal electoral disputes arising under the Municipal Electoral Act.
 24 February 2006