Page:Constitution of the Republic of South Africa 1993 from Government Gazette.djvu/30

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Act No. 200, 1993

Constitution of the Republic of South Africa, 1993

Chapter 7

The Judicial Authority and the Administration of Justice

Judicial authority

96. (1) The judicial authority of the Republic shall vest in the courts established by this Constitution and any other law.

(2) The judiciary shall be independent, impartial and subject only to this Constitution and the law.

(3) No person and no organ of state shall interfere with judicial officers in the performance of their functions.

Appointment of Chief Justice and President of Constitutional Court

97. (1) There shall be a Chief Justice of the Supreme Court of South Africa, who shall, subject to section 104, be appointed by the President in consultation with the Cabinet and after consultation with the Judicial Service Commission.

(2) (a) There shall be a President of the Constitutional Court, who shall, subject to section 99, be appointed by the President in consultation with the Cabinet and after consultation with the Chief Justice.

(b) Unless the new constitutional text provides otherwise, the President of the Constitutional Court shall hold office for a non-renewable period of seven years.

Constitutional Court and its jurisdiction

98. (1) There shall be a Constitutional Court consisting of a President and 10 other judges appointed in terms of section 99.

(2) The Constitutional Court shall have jurisdiction in the Republic as the court of final instance over all matters relating to the interpretation, protection and enforcement of the provisions of this Constitution, including—

(a)

any alleged violation or threatened violation of any fundamental right entrenched in Chapter 3;

(b)

any dispute over the constitutionality of any executive or administrative act or conduct or threatened executive or administrative act or conduct of any organ of state;

(c)

any inquiry into the constitutionality of any law, including an Act of Parliament, irrespective of whether such law was passed or made before or after the commencement of this Constitution;

(d)

any dispute over the constitutionality of any Bill before Parliament or a provincial legislature, subject to subsection (9);

(e)

any dispute of a constitutional nature between organs of state at any level of government;

(f)

the determination of questions whether any matter falls within its jurisdiction; and

(g)

the determination of any other matters as may be entrusted to it by this Constitution or any other law.

(3) The Constitutional Court shall be the only court having jurisdiction over a matter referred to in subsection (2), save where otherwise provided in section 101(3) and (6).

(4) A decision of the Constitutional Court shall bind all persons and all legislative, executive and judicial organs of state.

(5) In the event of the Constitutional Court finding that any law or any provision thereof is inconsistent with this Constitution, it shall declare such law or provision invalid to the extent of its inconsistency: Provided that the Constitutional Court may, in the interests of justice and good government, require Parliament or any other competent authority, within a period specified by the Court, to correct the defect in the law or provision, which shall then remain in force pending correction or the expiry of the period so specified.