Constitutional Court Appeals

The Constitutional Court has exclusive jurisdiction in constitutional matters.

Eight judges are required to hear a matter in the Constitutional Court.

Concurrent jurisdiction is exercised with the High Court and the SCA, while exclusive jurisdiction is held only by the Constitutional Court on certain issues.

Any person or organ of state with a sufficient interest

The constitutional validity of certain Bills related to health issues

The respondents

Rights to life, dignity, bodily security, and conditions of detention consistent with human dignity

The case is about whether Mr Zuma is guilty of contempt of court for failure to comply with the order made by the Court.

The Court ordered Mr Zuma to comply with summonses issued by the Commission of Inquiry, appear and give evidence on determined dates, and comply with directives issued by the Commission.

This case is significant because it involves attacks on the authority and legitimacy of the Court, as well as threats to the judicial process.

Section 34 guarantees the right to access courts with regard to constitutional matters, not restricted to civil and criminal matters.

To facilitate compliance with the remedial action and hold the President accountable.

That only the Constitutional Court may decide that Parliament or the President has failed to fulfill a constitutional obligation.

An order affirming the legally binding effect of the Public Protector's remedial action, directing the President to comply with the remedial action, and declaring that both the President and the National Assembly acted in breach of their constitutional obligations.

The Supreme Court of Appeal, the High Court, and courts of similar status.

The Constitutional Court is the highest court in South Africa and has the power to decide on matters related to the constitutionality of laws and conduct.

Any challenge to the validity of legislation would usually first be lodged in the High Court. If the High Court or the Supreme Court of Appeal declares the legislation invalid, the Constitutional Court must confirm this before the order will have any force or effect.

Examples include disputes between organs of state, deciding on the constitutionality of parliamentary or provincial bills, and deciding on applications by members of the National Assembly or provincial legislature.

The courts have the power to declare any law or conduct inconsistent with the Constitution as invalid. They can also make orders that are just and equitable, including limiting the retrospective effect of the declaration of invalidity or suspending the declaration for a period and on any conditions.

The role of the NDPP is to head the prosecuting authority and to institute and conduct criminal proceedings on behalf of the state.

The prosecuting authority has the power to institute criminal proceedings and to issue policy directives that must be observed in the prosecution process.

Prosecutors must assess whether there is sufficient and admissible evidence to provide a reasonable prospect of a successful prosecution.

The cabinet member responsible for the administration of justice has final responsibility over the prosecuting authority.

If the Judicial Service Commission finds that the judge suffers from an incapacity, is grossly incompetent, or is guilty of gross misconduct.

The judge must be referred to Parliament to be subjected to a motion to impeach him.

The National Assembly must adopt a resolution calling for the judge to be removed, with a supporting vote of at least two-thirds of its members.

The President must remove the judge from office upon the adoption of a resolution calling for that judge to be removed.

Appropriate men or women who are fit and proper may be appointed as judicial officers. Only South Africans may be appointed as judges of the Constitutional Court. The President appoints the Chief Justice and Deputy Chief Justice after consultation with the Judicial Service Commission (JSC) and the National Assembly (NA). The President appoints the President and Deputy President of the Supreme Court of Appeal (SCA) only after consultation with the JSC.

The appointment of judicial officers must take into account gender and racial representation.

The key themes include the appointment of judicial officers, appointment of acting judges, terms of office and remuneration, removal of judges, the Judicial Service Commission (JSC), the South African National Prosecuting Authority, national legislation, and the administration of justice.

The Judicial Service Commission (JSC) must provide a list of nominees with three extra names to the President of the Republic after consultation with the Chief Justice and some members of the National Assembly. The President may make appointments from the list and provide reasons for any non-appointment. The JSC must provide a supplement list within which the President will make appointments.

At least four members of the Constitutional Court must have been judges.

The President appoints judges of all other courts on the advice of the Judicial Service Commission.

Other judicial officers must be appointed in terms of an Act of Parliament.

A non-renewable term of 12 years, or until the age of 70, whichever occurs first.

If a Constitutional Court judge's 12-year term of office expires or they reach the age of 70 before completing 15 years’ active service, they must continue in office until the completion of 15 years’ active service or until they attain the age of 75 years, whichever is sooner.

If the Chief Justice becomes eligible for discharge from active service, they may, at the request of the President, continue to perform active service as Chief Justice of South Africa for a period determined by the President, which shall not extend beyond the date on which the Chief Justice attains the age of 75 years.

Section 8(a) of the Act was declared inconsistent with the Constitution and invalid.

The JSC is composed of the Chief Justice, President of the Supreme Court of Appeal, one Judge President, Cabinet member responsible for the administration of justice, two practicing advocates, two practicing attorneys, one teacher of law, six persons designated by the National Assembly, four permanent delegates of the NCOP, four persons designated by the President, judge President of a specific High Court, and the Premier of the province.

The JSC exercises powers and functions in terms of the Constitution and national legislation. It may also provide advice to the national government on matters related to the administration of justice. However, when dealing with matters not related to the appointment of judges, the JSC must sit without members of the National Assembly and NCOP.

The Deputy Chief Justice and Deputy President of the Supreme Court of Appeal serve on behalf of the Chief Justice and President of the Supreme Court of Appeal in their absence on the JSC.

The NPA consists of the National Director of Public Prosecutions (NDPP), who is the head of the NPA, other Directors of Public Prosecutions (DPP), and prosecutors as determined by an Act of Parliament. It also includes various units such as the National Prosecuting Services, Directorate: Special Operations, Witness Protection Programme, Asset Forfeiture Unit, Sexual Offences and Community Affairs, Specialised Commercial Unit, and Priority Crimes Litigation Unit.