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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
August 2006
Matatiele Municipality and Others v President of the Republic of South Africa and Others (2) [2006] ZACC 12 (18 August 2006)
Reported
A provincial legislature must facilitate public participation before approving boundary-altering constitutional amendments; failure invalidates the amendment (suspended).
Constitutional amendments altering provincial boundaries; section 74(8) provincial approval requirement; section 118(1)(a) duty to facilitate public involvement by provincial legislatures when approving boundary changes; failure to facilitate public participation renders that part of the amendment (and corresponding Repeal Act provisions) invalid; declaration of invalidity suspended to allow corrective legislative action; direct access to the Constitutional Court in relation to closely linked national legislation.
 18 August 2006
Doctors for Life International v Speaker of National Assembly and Others [2006] ZACC 11 (17 August 2006)
Reported
Legislatures must reasonably facilitate public involvement; two health Acts invalidly adopted (invalidity suspended 18 months).
Parliamentary law-making — constitutional obligation to facilitate public involvement (ss 72(1)(a), 118(1)(a)) — scope: meaningful opportunity plus positive measures; discretion for legislatures; review by reasonableness — justiciability and jurisdiction (s 167(4)(e) narrow): only Constitutional Court may decide failure to fulfil obligation; timing of judicial intervention — limits before Presidential assent (s 79); competent after assent but before commencement — remedies: declaration of invalidity; suspension to avoid disruption.
 17 August 2006
Dikoko v Mokhatla (62/05) [2006] ZACC 10 (3 August 2006)
Reported
Whether municipal or provincial legislative privilege protects a councillor’s statements to a provincial committee — Court holds it does not.
Constitutional & local government law — statutory and constitutional privilege for municipal councillors — scope of s161 and s28 Municipal Structures Act — privilege applies to speech in council/its committees and does not extend to non-council/ non-member appearances before provincial legislature committees; Provincial-legislature privilege under s117 and provincial Privileges Act protects members (and officers) only, not non-members/witnesses; defamation — qualified privilege not raised; appellate interference with quantum — limited to cases of material misdirection or manifestly unreasonable awards.
 3 August 2006