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CC 2024 4

The Constitutional Court (CC) of South Africa is composed of the Chief Justice, Deputy Chief Justice, and nine other judges, with at least eight judges required to hear any matter. Judges are appointed with consideration for racial and gender representation and serve non-renewable terms, with security of tenure, but can be removed for misconduct or incompetence. The CC has exclusive jurisdiction over disputes between state organs and the constitutionality of laws and acts, while also having concurrent jurisdiction as a court of appeal for constitutional matters.

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20 views8 pages

CC 2024 4

The Constitutional Court (CC) of South Africa is composed of the Chief Justice, Deputy Chief Justice, and nine other judges, with at least eight judges required to hear any matter. Judges are appointed with consideration for racial and gender representation and serve non-renewable terms, with security of tenure, but can be removed for misconduct or incompetence. The CC has exclusive jurisdiction over disputes between state organs and the constitutionality of laws and acts, while also having concurrent jurisdiction as a court of appeal for constitutional matters.

Uploaded by

elihlefass0
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Foundations of Law B

The composition and


jurisdiction of the CC
2

Composition of the CC
• Court is made up of:
• Chief Justice
• Deputy Chief Justice
• 9 Other judges
• Every matter to be heard
by at least 8 judges
• Requirements to be a
judge of CC
• Appropriately qualified
• Fit and proper person
• South African citizen
3

• In appointment of judges – consideration of need of


judiciary to broadly reflect racial and gender composition
of SA

• Procedure for appointment of judges as set out in sections


174 – 178 self study
• NB to understand role of JSC in appointment of judges (all judges
not only CC judges)
• Examinable!
4

• Judges of CC serve for non-


renewable term

• Judges to have security of tenure


& stable income
• Meaning and motivation?

• Judges may be removed from


office for
• Gross misconduct, gross
incompetence, incapacity
• JSC and NA, removed by
president
5

Jurisdiction of the CC
• Geographical area?

• Distinguish between
• Exclusive jurisdiction of CC
• Where the court will sit as a court of first instance
• Concurrent jurisdiction
• Court of appeal or to confirm orders of SCA/HC
6

• Exclusive jurisdiction (ie CC =


court of first instance)

• Disputes between organs of


state in national/provincial
sphere

• Constitutionality of
national/provincial bills

• Constitutionality of
national/provincial acts

• Constitutionality of amendment
of Constitution

• Question about president’s


fulfilment of Const duties

• Certification of provincial
constitutions
7

• Concurrent jurisdiction where (as court of appeal/ in


confirmation):

• Sits as a court of appeal in constitutional matters from SCA/HC


• Confirms declarations of constitutional invalidity in terms of s172(2)
[unconstitutionality of legislation / conduct of president]
• Effect of declaration of constitutional invalidity?
In “any other matter, if the Constitutional Court grants leave
to appeal on the grounds that the matter raises an arguable
point of law of general public importance which ought to be
considered by that Court”

THUS the highest court in SA on all matters


• Court of appeal
• Where leave granted in matter that raises arguable point
of law of general public importance
• Civil and criminal matters
• Geographical jurisd?

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