To select judges the Judicial Service Commission first draws up a list of candidates, which must have at least three more names than the number of vacancies. [8] Commentators slammed Jafta and Nkabinde's "cowardice", which had brought the Constitutional Court into disrepute. … On 30 May 2008, the judges of the Constitutional Court issued a statement reporting that they had referred Cape Judge President Judge John Hlophe to the Judicial Service Commission for what they described in their statement as approaching some of them "in an improper attempt to influence this Court's pending judgement in one or more cases". This follows the recommendation of Minister of Justice and Correctional Services and the concurrence of the Chief Justice. Bad or incorrect conduct by state officials can be reported to the Office of the Public Protector, formerly called the Ombudsman. The court houses a collection of more than 200 contemporary artworks chosen by Constitutional Court judge Albie Sachs, including works by Gerard Sekoto, William Kentridge, and Cecil Skotnes. The process of appointment of Constitutional Court judges has certainly run into the doldrums. Constitutional Court of SA This court, the highest court in South Africa, was born of the country's first democratic Constitution in 1994. [13] On 6 April 2016, Jafta and Nkabinde filed an appeal to the Constitutional Court – their own court – asking it to overturn the Supreme Court of Appeal's judgment. In each case, as the supreme instrument, the written constitution has three core functions: 1. With the creation of the Constitutional Court and the enactment of s 166 of the Constitution, 1996 the name of the Court was changed to the Supreme Court of Appeal (SCA). He is the current Chairperson of the Rules Board for the Courts of Law and also a Council Member of the South African Judicial Education Institute (SAJEI). Although several sites around the country were considered, the Old Fort prison complex was a consistent forerunner. The judiciary of South Africa is the body of judges and magistrates who sit in the courts of South Africa.The judiciary is an independent branch of the government, subject only to the Constitution of South Africa and the laws of the country. [1] It has continued in existence under the Constitution of 1996. When interpreting the Constitution, the Court is required to consider international human rights law and may consider the law of other democratic countries. The court and judiciary are overseen by the Chief Justice: currently Judge Mogoeng Mogoeng who has been in the role since 2011. The Constitution Hill precinct is located at 11 Kotze Street in Braamfontein, Johannesburg near the western end of the suburb of Hillbrow. Justice Leona Theron. The Hill overlooks downtown Johannesburg to the South and the wealthy northern suburbs of Houghton, Parktown and Sandton to the north. Constitution Hill is the seat of the Constitutional Court of South Africa. The first meeting of selected members of the court took place in 1994. The judgments of the court are based on the Constitution, which is the supreme law of the land. The Court does not hear evidence or question witnesses. The judges serve for a term of twelve years. The Court is headed by the Chief Justice of South Africa and the Deputy Chief Justice. Decisions are reached by a majority and written reasons are given. Sections 174 to 178 of the Constitution deal with the appointment of judicial officers. The members of the court at the start of 2020 were Chief Justice Mogoeng Mogoeng, … has now authoritatively held that recusal is necessary only where a realistic possibility exists that the outcome … In the case of the South African Constitution, that shift is encapsulated in one simple provision, section 2, which reads: In less elegant language, covering clause 5 of the Commonwealth of Australia Constitution Act provides that: Nonetheless, their import is essentially the same. The hearings of the Court are open to the public and the press. Similarly, the President or the Premier of a Province may refer a bill to the Court for a decision on its constitutionality before assenting to that Bill. Page 733 – immediately after footnote 12 add – The Constitutional Court in Bernert v Absa Bank Ltd [INSERT FOOTNOTE: [2010] ZACC 28 paras 47-52.] [10] The High Court dismissed the judges' application on 26 September 2014,[11] but they appealed. The court is the successor to the Appellate Division (AD) and was originally constituted in 1910 as the final South African court of appeal on the establishment of the Union of South Africa. The court is the successor to the Appellate Division (AD) and was originally constituted in 1910 as the final South African court of appeal on the establishment of the Union of South Africa. However, in terms of section 3(2)(b), if the judge has already been a judge (in any court) for 15 years by the time she reaches the age of 65, she may voluntarily retire. Pages in category "Judges of the Constitutional Court of South Africa" The following 29 pages are in this category, out of 29 total. The doors to the Court have the 27 rights of the Bill of Rights carved into them, written in all 11 official languages of South Africa. With the creation of the Constitutional Court and the enactment of s 166 of the Constitution, 1996 the name of the Court was changed to the Supreme Court of Appeal (SCA). Judges, Bias and Recusal in South Africa Kate O’Regan and Edwin Cameron LIST OF ADDITIONS TO TEXT MONDAY 7 March 2011 1. The Constitution requires that a matter before the Court be heard by at least eight judges. Justice Nonkosi Zoliswa Mhlantla. Frete GRÁTIS em milhares de produtos com o Amazon Prime. In 1995, President Nelson Mandela appeared at the court to deliver a speech for its commissioning. The Hill overlooks downtown Johannesburg to the South and the wealthy northern suburbs of Houghton, Parktown and Sandton to the north. The President and Council of the KwaZulu-Natal Law Society welcomes the appointment of Supreme Court of Appeal Judge Leona Theron as a Judge of the Constitutional Court of South Africa. The Court was first established by the Interim Constitution of 1993, and its first session began in February 1995. Association of Mineworkers and Construction Union and Others v Royal Bafokeng Platinum Limited and Other�� ��U�� ��U��9��U �K��U(� ��U�� ��U@�� ��Urn Cape v Coetzee and Others, Maswanganyi v Minister of Defence and Military Veterans and Others, Normandien Farms (Pty) Limited v South African Agency for Promotion of Petroleum Exportation and Exploitation (SOC) Limited and Others, National Director of Public Prosecutions v Botha N.O. The same section extends the retirement age to 75. [12] The Supreme Court of Appeal dismissed that appeal in March 2016, criticising Jafta and Nkabinde's damaging court application and implying that the case raised questions about their "integrity". Six years later, however, when the misconduct enquiry against Hlophe was pending, Jafta and Nkabinde brought a court challenge to the tribunal's jurisdiction, saying their own complaint was not legally valid. At the start of the year there was one vacancy, and a second was created when Justice Froneman retired with effect from 31 May. [6] Since the enactment of the Superior Courts Act, the Constitutional Court has had jurisdiction to hear any matter if it is in the interests of justice for it to do so. The South African court system is made up of one Constitutional Court, one Supreme Court of Appeal, 13 High Courts, one Labour Court, one Labour Appeal Court, one Competition Appeal Court, one Electoral Court and one Land Claims Court. The Judicial authority of the Republic of South Africa is vested in the courts. They are binding on all organs of government, including the parliament, the presidency, the police force, the army, the public service and all courts. [7] The statement stated further that the complaint related to four matters in which either Thint (Pty) Ltd or the Deputy President, Jacob Zuma, was involved. Most of the prison was demolished to make way for the new court, but the stairwells were kept and incorporated into the new building as a reminder of the Constitution's transformative aspirations. It is concerned with matters of broad constitutional principle. In terms of section 176(1) of the Constitution, judges of the Constitutional Court serve for a non-renewable term of 12 years or until they reach the age of 70, whichever is earlier; but these limits may be extended by an Act of Parliament. OVERVIEW OF THE JUDGMENTS OF THE CONSTITUTIONAL COURT OF SOUTH AFRICA SINCE 1994 TO 2005 **Arranged chronologically according to when the judgment was handed down *Last updated: June 2011 CASE SUBJECT CITATION 1 S v Zuma and Others CCT 5/94 Handed down: 5 April 1995 Referral from the High Court judge in a criminal trial to the constitutionality of the presumption relating to the … [14] They did so partly on the basis that the SCA made "hurtful" imputations about them. These are matters for the ordinary courts. The Chief Justice of South Africa has, under section 171 of the Constitution of the Republic of South Africa, 1996, and section 16 of the Constitutional Court Complementary Act, 1995 (Act 13 of 1995), as amended, prescribed the rules contained in the Annexure hereto regulating matters relating to the proceedings of and before the Constitutional Court with effect from 1 December 2003. Constitutional Court of South Africa: Progress or Regression Moses Retselisitsoe Phooko* Sibusiso Blessing Radebe† I IntroductIon Following the adoption of the Constitution of the Republic of South Africa in 1996 (the Constitution), transformation of all sectors of the economy became a topical issue. After initially occupying commercial offices in Braamfontein, it now sits in a purpose-built complex on Constitution Hill. Inside the main room, a row of horizontal windows has been set up behind the seats of the judges. Compre online Constitutional Court of South Africa: Constitutional Court of South Africa cases, Judges of the Constitutional Court of South Africa, de Source: Wikipedia na Amazon. The JSC can’t just send through one name for appointment – they have to send three names more than the number of appointments to be made. By 1956, judges and liberals in the country had drawn up a bill of rights in support of the creation of the court. This page was last edited on 26 November 2020, at 21:13. The movement for the establishment of a constitutional court in South Africa was begun in 1920 by the African National Congress (ANC). One of the stairwells from the old awaiting-trial block with the Portuguese words A luta continua (the struggle continues) written in lights, has been retained. A more South African centre of repression and hope could … The ordinary courts, notably the small claims courts, the Magistrates' Courts, the High Courts and the Supreme Court of Appeal, deal with day-to-day disputes between citizens and between citizens and the state. Judge Majiedt acted at the Constitutional Court from February to May 2014. The Court is one of many bodies created by the Constitution to defend the rights of citizens. [2], By 1956, judges and liberals in the country had drawn up a bill of rights in support of the creation of the court. In an acclaimed new building at Constitution Hill, the 11 judges stand guard over the Constitution and protect everyone's human rights. 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. No cameras or recorders are ordinarily permitted. The first meeting of selected members of the court took place in 1994. They enforce the basic rights and freedoms of all persons. Pretoria - President Jacob Zuma has appointed three Judges to act as Judges of the Constitutional Court during various periods, due to the vacancy which occurred and vacation leave of one of the Judges of the Constitutional Court, respectively.. In 1995, President Nelson Mandela appeared at the court to deliver a speech for its commissioning. In practice, all eleven judges hear almost every case. The Commission does this after calling for nominations and holding public interviews. In 1994, the judiciary was overwhelmingly White (and male) and therefore limited in its legitimacy and its capacity to draw on the sense of justice of all communities and both sexes. Packed with symbolism and magnificent works of art, the court is always open and anyone may come in and look around at any time. Justice Steven Arnold Majiedt. These provisions are contained in Section 165 of the Constitution of the Republic of South Africa, 1996. Then the President, after consultation with the Chief Justice and the leaders of political parties represented in the National Assembly, chooses the judges from this list. So its jurisdiction - the scope of its authority to hear cases - is restricted to constitutional matters and issues connected with decisions on constitutional matters. Those sitting in the court consequently have a view of the feet of passersby moving along, above the heads of the judges, to remind them that in a constitutional democracy the role of judges is to act in the interests of the people of the nation, rather than in their own self-interest. University of South Africa (UNISA), Pretoria, South Africa, International Law Development Organization (IDLO), Juba Programme, South Sudan. Justices Chris Jafta and Bess Nkabinde had been the primary complainants and had supported the Court's complaint. He is fluent in English & Arabic, very good in French and good in Latin and good in Kiswahili. Constitution Hill is the seat of the Constitutional Court of South Africa. There is one Regional Court Division for every High Court and there are 370 District Magistrates’ Courts. President Cyril Ramaphosa has strengthened the administration of justice countrywide with the appointment of 15 judges of various Divisions of the High Court. and Another, National Union of Metal Workers of South Africa v Lufil Packaging (Isithebe) and Others, Association of Mineworkers and Construction Union and Others v Ngululu Bulk Carriers (Pty) Limited (In Liquidation) and Others, Economic Freedom Fighters v Gordhan and Others; Public Protector and Another v Gordhan and Others, New Nation Movement NPC and Others v President of the Republic of South Africa and Others, AB and Another v Pridwin Preparatory School and Others, Beadica 231 CC and Others v Trustees for the time being of the Oregon Trust and Others, Competition Commission of South Africa v Pickfords Removals SA (Pty) Limited, Telkom SA SOC Limited v City of Cape Town and Another, "2020 South Africa: Constitutional Court Decisions", https://en.wikipedia.org/w/index.php?title=List_of_judgments_of_the_Constitutional_Court_of_South_Africa_delivered_in_2020&oldid=988420036, Lists of Constitutional Court of South Africa cases, Creative Commons Attribution-ShareAlike License, This page was last edited on 13 November 2020, at 01:49. While the windows are at head-height on the inside, they are on ground level on the outside. [4] Judges may not be members of Parliament, of the government or of political parties. The first court session in the new complex was held in February 2004. Frontage of the Constitutional Court in South Africa. [3] The first court session in the new building at this location was held in February 2004. Judge Hlophe was reported to have rejected the allegations as "utter rubbish" and as "another ploy" to damage his reputation. [15], Co-operation with Parliament and Provincial Assemblies, Seventeenth Amendment of the Constitution, List of judgments of the Constitutional Court of South Africa, Government of the Republic of South Africa v Grootboom, Mohamed v President of the Republic of South Africa, Minister of Home Affairs and Another v Fourie and Another, Economic Freedom Fighters v Speaker of the National Assembly and Others; Democratic Alliance v Speaker of the National Assembly and Others, John Hlophe § Allegation of interference with Constitutional Court Judges, Judicial Service Commission (South Africa), http://www.constitutionalcourt.org.za/text/judges/current/justicebessnkabinde/1.html, "Historical Background of the Constitutional Court", Constitutional Court of South Africa's official website, "Judgments of the United States Supreme Court and the South African Constitutional Court as a Basis for a Universal Method to Resolve Conflicts Between Fundamental Rights", "Nkabinde and Jafta: We are fighting for the Constitution", "Hlophe 'misconduct': Jafta, Nkabinde stall matter", "Nkabinde and Another v Judicial Service Commission and Others (20857/2014) [2016] ZASCA 12", "Hlophe v Premier of the Western Cape Province", 9: State Institutions supporting Constitutional Democracy, Department of Justice and Constitutional Development, https://en.wikipedia.org/w/index.php?title=Constitutional_Court_of_South_Africa&oldid=990848387, Short description is different from Wikidata, Use South African English from August 2017, All Wikipedia articles written in South African English, Articles containing Afrikaans-language text, Articles containing Southern Ndebele-language text, Articles containing Northern Sotho-language text, Pages using collapsible list with both background and text-align in titlestyle, Official website different in Wikidata and Wikipedia, Creative Commons Attribution-ShareAlike License, non-renewable 12 years (extendable by Parliament). The Constitutional Court has a special responsibility to parliament and the provincial legislatures. The public is invited to attend all sessions. The Constitutional Court consists of the Chief Justice of South Africa, the Deputy Chief Justice and nine other judges. According to South African History Online Mandela said, “The last time I appeared in court was to hear whether or not I was going to be sentenced to death. The hearings of the Court are intended to address particularly difficult issues raised by the written arguments of the parties. Fortunately for myself and my colleagues we were not. The Constitutional Court had already held, in 2012, that it could not hear appeals in the Hlophe matter and that any SCA judgment was final. One consequence of this is that the Court works largely with written arguments presented to it by the parties. Originally the final appellate court for constitutional matters, since the enactment of the Seventeenth Amendment of the Constitution in 2013, the Constitutional Court has jurisdiction to hear any matter if it is in the interests of justice for it to do so. The Court's library shall be available for use by the judges, the staff of the Court and other persons who have permission from the librarian for the purposes of constitutional research. A There is 1 Constitutional Court; 1 Supreme Court of Appeal and nine Divisions of the High Court in South Africa (one in each province). The Constitutional Court has its seat on Constitution … The table below lists the judgments of the Constitutional Court of South Africa delivered in 2020. Section 4 of the Judges' Remuneration and Conditions of Employment Act 47 of 2001 has extended the term limit to an effective term of 15 years including prior service on other courts. Appointed a Judge of the East African Court of Justice (EACJ), First Instance Division, 20th May 2017 Its function is to determine the meaning of the Constitution in relation to matters in dispute. Memme Sejosengwe. This means that the Court has the power to declare an Act of Parliament null and void if it conflicts with the Constitution and to control executive action in the same way. 21 JULY 2020. In the High Court of South Africa, Gauteng Division, Pretoria; 6486 of 2017 Advocate JG Naude obo WO Beeslaar v The Road Accident Fund . The Court sits in the city of Johannesburg. The members of the court at the start of 2020 were Chief Justice Mogoeng Mogoeng, Deputy Chief Justice Raymond Zondo, and judges Johan Froneman, Chris Jafta, Sisi Khampepe, Mbuyiseli Madlanga, Steven Majiedt, Nonkosi Mhlantla, Leona Theron and Zukisa Tshiqi. President:Supreme Court of AppealMandisa Maya. This list may not reflect recent changes (). The Constitutional Court consists of eleven judges who are appointed by the President of South Africa from a list drawn up by the Judicial Service Commission. These provisions are contained in Section 165 of the Constitution of the Republic of South Africa, 1996. Encontre diversos livros em Inglês e … On December 2012, the Constitution 17th Amendment Act was passed into law and it entrenched the Constitutional Court as the highest court in the land and its decisions cannot be changed by any other court . The court building is open to the public who want to attend hearings or view the art gallery in the court atrium. Deputy Chief Justice Pius Langa, appointed in 2001, elevated to Chief Justice in 2005,retired in 2009, died in 2013. Why did South Africa need a Constitutional Court? He also served as a member of the National Association of the Democratic Lawyers (NADEL) from 1986 to 2000. My starting point must be the tectonic shift that occurs when a country moves from an unwritten to a written constitution in a democratic society. So if its two appointments five names go forward, while if its only one appointment, then four names go forward. The court has eleven judges; originally the chief judge was called the President of the Constitutional Court, but that title was changed to Chief Justice of South Africa by the Sixth Amendment to the Constitution. Acting Judge, Supreme Court of Appeal (Bloemfontein): May 2006 to June 2007 and December 2009 to March 2010 Judge of Appeal, Supreme Court of Appeal (Bloemfontein): 1 December 2010 Acting Judge of the Constitutional Court of South Africa: February 2015 to May 2015. Justice Mbuyiseli Madlanga. It does not decide directly whether accused persons are guilty or whether damages should be awarded to an injured person. Ordinary rules of decent dress and decorum apply. “The Old Fort was the Robben Island of Johannesburg,” said then Constitutional Court Judge Albie Sachs. Today I rise not as an accused, but on behalf of the people of South Africa, to inaugurate a court South Africa has never had, a court on which hinges the future of our democracy."[2]. The effect is that judges who had served more than 3 years before their appointment to the Constitutional Court retain a 12-year term limit; those who did not, have a longer tenure. The court building was constructed using bricks from the demolished awaiting-trial wing of the former prison. Justice Zukisa Laurah Lumka Tshiqi. Secretary-General: Office of the Chief Justice. The Constitution Hill precinct is located at 11 Kotze Street in Braamfontein, Johannesburg near the western end of the suburb of Hillbrow. [9] The judges claimed, in response, that they were simply upholding the Constitution. Justice Sisi Khampepe. In the High Court of South Africa, Gauteng Division, Pretoria; 24261 of 2020 South African Police Service Medical Scheme (POLMED) v Registrar of Medical Schemes and 3 Others Notwithstanding her humble beginnings she persevered in her chosen profession with commitment, determination, energetic application and was soon regarded as a highly respected advocate. The Human Rights Commission has been established to handle complaints of violation of human rights in daily life. “A new Constitutional Court rising there would dramatise the transformation of South Africa from a racist, authoritarian society to a constitutional democracy. If there is a dispute in parliament or in a provincial legislature concerning whether or not legislation that has been passed and assented to is constitutional, a third of the members of the body concerned may apply to the Constitutional Court to give a ruling. South Africa's Constitutional Court is not your average court house. The Constitutional Court is South Africa's highest court on constitutional matters.