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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
June 2008
Merafong Demarcation Forum and Others v President of the Republic of South Africa and Others [2008] ZACC 10 (13 June 2008)
Reported
Whether a provincial legislature reasonably facilitated public participation and acted rationally in approving a boundary-changing constitutional amendment.
Constitutional law – amendment of provincial boundaries – section 74(8) – provincial approval required for part of a constitutional amendment affecting province – facilitation of public involvement (s118(1)(a)) – reasonableness and rationality review of legislative decisions – limits on NCOP amendments to s74 bills.
 13 June 2008
Nyathi v MEC for the Gauteng Department of Health and Another [2008] ZACC 8 (2 June 2008)
Reported
Section 3’s absolute bar on execution against the State limits access to courts and equality; Court confirmed invalidity but suspended it for Parliament to legislate.
Public law – State Liability Act s3 – prohibition on execution/attachment against State – limits to right of access to courts and equality – limitation not justified where no effective, accessible statutory procedure exists for satisfaction of money judgments – confirmation of High Court declaration of invalidity suspended for 12 months to enable legislative reform; orders for government reporting and remedial plans – alternative remedies (mandamus, structural interdicts, PFMA disciplinary/criminal provisions) discussed.
 2 June 2008