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—
(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.