View source for Constitutional Court of South Africa

{{short description|Supreme court of South Africa}}
{{Use South African English|date=August 2017}}
{{Use dmy dates|date=April 2022}}
{{Infobox high court
| court_name = Constitutional Court
{{collapsible list
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  |liststyle = text-align:center;white-space:nowrap;
  | {{small|{{nobold|''10 other official names:''}}}}
  | {{native name|af|{{small|Konstitusionele Hof}}|fontsize=68%}}
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  | {{native name|tn|{{small|Kgotlatshekelo ya Molaotheo}}|fontsize=68%}}
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  | {{native name|ve|{{small|Khothe ya Ndayotewa}}|fontsize=68%}}
 }}
| image = ConstitutionalCourtofSouthAfrica-20070622.jpg
| imagesize = 
| caption = Constitutional Court building
| image2 = Constitutional Court of SA logo.svg
| imagesize2 = 150px
| caption2 = Emblem of the Constitutional Court
| established = 1994
| jurisdiction = South Africa
| location = [[Constitution Hill, Johannesburg]]
| coordinates = {{coord|26|11|19|S|28|2|36|E|type:landmark_region:ZA|display=inline,title}}
| type = [[President of South Africa|Presidential]] appointment, after consultation
| authority = [[Constitution of South Africa]]
| appeals = <!-- appeals of from this court go where -->
| terms = non-renewable 12 years (extendable by Parliament)
| positions = 11
| website = {{Official URL}}
| chiefjudgetitle = [[Chief Justice of South Africa]]
| chiefjudgename = [[Mandisa Maya]]
| termstart = 1 September 2024
| termend = <!-- year term for current chief as chief ends, if applicable-->
| termend2 = <!-- year term of current chief ends if applicable-->
| chiefjudgetitle2 = [[Deputy Chief Justice of South Africa]]
| chiefjudgename2 = [[Dunstan Mlambo]]
| termstart2 = 1 August 2025
| termend3 = <!-- year term for current deputy chief as chief ends, if applicable -->
| termend4 = <!-- year term of current deputy chief ends if applicable -->
}}

The '''Constitutional Court of South Africa''' is the [[supreme court|supreme]] [[constitutional court]] established by the [[Constitution of South Africa]], and is the apex court in the South African judicial system, with [[general jurisdiction]].

The Court was first established by the [[South African Interim Constitution|Interim Constitution]] of 1993, and its first session began in February 1995.
It has continued in existence under the [[Constitution of South Africa|Constitution of 1996]]. The Court sits in the city of [[Johannesburg]]. After initially occupying commercial offices in [[Braamfontein]], it now sits in a purpose-built complex on [[Constitution Hill, Johannesburg|Constitution Hill]]. The first court session in the new complex was held in February 2004. Originally the final [[appellate court]] for constitutional matters, since the enactment of the [[Seventeenth Amendment of the Constitution of South Africa|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 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 (South Africa)|Judicial Service Commission]]. 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 of South Africa|Deputy Chief Justice]]. The Constitution requires that a matter before the Court be heard by at least eight judges. In practice, all eleven judges hear almost every case. Decisions are reached by a majority{{Clarify|date=April 2025|reason=Is this a majority of all 11 justices, or a majority of the justices hearing the case?}} and written reasons are given.

==History==

The movement for the establishment of a constitutional court in South Africa was begun in 1920 by the [[African National Congress]] (ANC).<ref>
{{Cite web |url=https://www.concourt.org.za/index.php/about-us/history|title=History of the Court |access-date=19 August 2024 |archive-url=https://web.archive.org/web/20240602080336/https://www.concourt.org.za/index.php/about-us/history |archive-date=2 June 2024 |url-status=live }}</ref>

[[File:ConstitutionalCourtofSouthAfrica-entrance-20070622.jpg|thumb|left|Frontage of the Constitutional Court in South Africa]]By 1956, [[Judges of the International Criminal Court|judges]] and [[Liberalism|liberals]] in the country had drawn up a [[bill of rights]] in support of the creation of the court. The first meeting of selected members of the court took place in 1994. In 1995, President [[Nelson Mandela]] appeared at the court to deliver a speech for its commissioning. 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. Fortunately for myself and my colleagues we were not. 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."<ref>
{{Cite web |url=http://www.mandela.gov.za/mandela_speeches/1995/950214_concourt.htm|title=Address by President Nelson Mandela at the inauguration of the Constitutional Court, Johannesburg |access-date=19 August 2024 |archive-url=https://web.archive.org/web/20240813200942/http://www.mandela.gov.za/mandela_speeches/1995/950214_concourt.htm |archive-date=13 August 2024 |url-status=live }}</ref>

==The Constitutional Court building==

[[Constitution Hill, Johannesburg|Constitution Hill]] is the seat of the Constitutional Court of South Africa. The Constitution Hill precinct is located at 11 Kotze Street in [[Braamfontein]], [[Johannesburg]] near the western end of the suburb of [[Hillbrow, Gauteng|Hillbrow]]. The Hill overlooks downtown [[Johannesburg]] to the South and the wealthy northern suburbs of [[Houghton Estate, Gauteng|Houghton]], [[Parktown]] and [[Sandton]] to the north.

[[File:Eternal Flame on Constitution Hill in Johannesburg.JPG|thumb|An [[eternal flame]] burning on Constitution Hill in Johannesburg, South Africa|left]]

The court building was constructed using bricks from the demolished awaiting-trial wing of the former prison. 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. Inside the main room, a row of horizontal windows has been set up behind the seats of the judges. While the windows are at head-height on the inside, they are on ground level on the outside.  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.<ref>{{Cite web |url=https://www.citysightseeing.co.za/johannesburg/stops/entry/constitution-hill |title=Constitution Hill – City Sightseeing |access-date=25 May 2016 |archive-url=https://web.archive.org/web/20160625013303/https://www.citysightseeing.co.za/johannesburg/stops/entry/constitution-hill |archive-date=25 June 2016 |url-status=dead }}</ref> The first court session in the new building at this location was held in February 2004. The court building is open to the public who want to attend hearings or view the [[art museum|art gallery]] in the court [[atrium (architecture)|atrium]].  The court houses a collection of more than 200 [[contemporary history|contemporary]] artworks chosen by Constitutional Court judge [[Albie Sachs]], including works by [[Gerard Sekoto]], [[William Kentridge]], and [[Cecil Skotnes]].

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. 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.

== Justices ==

===Appointment procedure and tenure===

Sections 174 to 178 of the Constitution deal with the appointment of judicial officers.<ref name="saconst">{{Cite web|url=https://www.concourt.org.za/|title=Home|website=www.concourt.org.za}}</ref> Judges may not be members of Parliament, of the government or of political parties. To select judges the [[Judicial Service Commission (South Africa)|Judicial Service Commission]] first draws up a list of candidates, which must have at least three more names than the number of vacancies. The Commission does this after calling for nominations and holding public interviews. 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.

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. 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. 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 same section extends the retirement age to 75. 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 they reach the age of 65, they may voluntarily retire.

=== Current justices ===

{| class="wikitable sortable" style="text-align:center"
|-
!Name
! Born
! Appt. by
! Age at appt.
! First day /<br />Length of service
!Mand. retirement
!Opt. retirement
! class="unsortable" |Previous positions
! Succeeded
|-
| '''[[Mandisa Maya]]'''
([[Chief Justice of South Africa]])
| {{dts|1964|03|20|format=dmy}}<br />(age {{age nts|1964|03|20|format=dmy}})<br />in [[Tsolo]], [[Eastern Cape]]
| {{Sortname|Cyril|Ramaphosa}}
| 58 (Deputy Chief Justice)<br />
60 (Chief Justice)
| {{dts|2022|09|01|format=dmy}}<br />{{age in years and months|2022|09|01|format=dmy}}
|20 March 2034
|N/A
| [[Eastern Cape High Court]]
[[Supreme Court of Appeal of South Africa|Supreme Court of Appeal]]
| [[Mogoeng Mogoeng]]
[[Raymond Zondo]] (as Deputy Chief Justice and Chief Justice)
|-
|'''[[Dunstan Mlambo]]'''
([[Deputy Chief Justice of South Africa]])
|c. September 1959
(age 65)
in [[Bushbuckridge]], [[Mpumalanga]]
|[[Cyril Ramaphosa]]
|65
|1 August 2025
|September 
2029
|N/A
| [[Labour Court of South Africa]]
[[Supreme Court of Appeal of South Africa|Supreme Court of Appeal]]
[[Gauteng Division of the High Court of South Africa|Gauteng High Court]]
| [[Sisi Khampepe]]
[[Mandisa Maya]] (as Deputy Chief Justice)
|-
| '''{{Sortname|Nonkosi|Mhlantla}}'''
| {{dts|1964|05|2|format=dmy}}<br />(age {{age nts|1964|05|02|format=dmy}})<br />in [[Port Elizabeth]], [[Eastern Cape]]
| {{Sortname|Jacob|Zuma}}
| 51
| {{dts|2015|12|1|format=dmy}}<br />{{age in years and months|2015|12|01|format=dmy}}
|1 December 2027
|N/A
| [[Eastern Cape High Court]]<br />[[Supreme Court of Appeal of South Africa|Supreme Court of Appeal]]
| [[Thembile Skweyiya]]
|-
| '''{{Sortname|Leona|Theron}}'''
| {{dts|1966|11|7|format=dmy}}<br />(age {{age nts|1966|11|07|format=dmy}})<br />in [[Durban]], [[KwaZulu-Natal]]
| {{Sortname|Jacob|Zuma}}
| 51
| {{dts|2017|07|1|format=dmy}}<br />{{age in years and months|2017|07|01|format=dmy}}
|1 July 2029
|N/A
| [[KwaZulu-Natal High Court]]
[[Supreme Court of Appeal of South Africa|Supreme Court of Appeal]]
| [[Johann van der Westhuizen]] 
|-
|'''{{Sortname|Steven|Majiedt}}'''
| {{dts|1960|12|18|format=dmy}}<br />(age {{age nts|1960|12|18|format=dmy}})<br />in [[Kenhardt]], [[Northern Cape]]
| {{Sortname|Cyril|Ramaphosa}}
| 58
| {{dts|2019|10|1|format=dmy}}<br />{{age in years and months|2019|10|01|format=dmy}}
|18 December 2030
|N/A
| [[Northern Cape Division]]
[[Supreme Court of Appeal of South Africa|Supreme Court of Appeal]]
| [[Dikgang Moseneke]] 
|-
|'''{{Sortname|Zukisa|Tshiqi}}'''
| {{dts|1961|1|11|format=dmy}}<br />(age {{age nts|1961|01|11|format=dmy}})<br />in Cefane, [[Ngcobo]], [[Eastern Cape]]
| {{Sortname|Cyril|Ramaphosa}}
| 58
| {{dts|2019|10|1|format=dmy}}<br />{{age in years and months|2019|10|01|format=dmy}}
|11 January 2031
|N/A
| [[South Gauteng High Court]]
[[Supreme Court of Appeal of South Africa|Supreme Court of Appeal]]
| [[Bess Nkabinde]] 
|-
|'''{{Sortname|Jody|Kollapen}}'''
| {{dts|1957|05|19|format=dmy}}<br />(age {{age nts|1957|05|19|format=dmy}})<br />in [[Pretoria|Lady Selbourne, Pretoria]], [[Gauteng]]
| {{Sortname|Cyril|Ramaphosa}}
| 64
| {{dts|2022|01|1|format=dmy}}<br />{{age in years and months|2022|01|01|format=dmy}}
|19 May 2027
|N/A
| [[North Gauteng High Court]]
| [[Edwin Cameron]]
|-
|'''{{Sortname|Rammaka|Mathopo}}'''
| {{dts|1963|01|28|format=dmy}}<br />(age {{age nts|1963|01|28|format=dmy}})<br />in [[Gauteng]]
| {{Sortname|Cyril|Ramaphosa}}
| 58
| {{dts|2022|01|1|format=dmy}}<br />{{age in years and months|2022|01|01|format=dmy}}
|28 January 2033
|N/A
| [[South Gauteng High Court]]
[[Supreme Court of Appeal of South Africa|Supreme Court of Appeal]]
| [[Johan Froneman]]
|-
|'''{{Sortname|Owen|Rogers}}'''<ref>{{Cite web |date=2022-06-08 |title=Owen Rogers appointed to the constitutional court |url=https://mg.co.za/news/2022-06-08-owen-rogers-appointed-to-the-constitutional-court/ |access-date=2022-06-09 |website=The Mail & Guardian |language=en-ZA}}</ref>
| {{dts|1958|10|22|format=dmy}}<br />(age {{age nts|1958|10|22|format=dmy}})<br />in [[Cape Town]], [[Western Cape]]
| {{Sortname|Cyril|Ramaphosa}}
| 63
| {{dts|2022|08|1|format=dmy}}<br />{{age in years and months|2022|08|01|format=dmy}}
|22 October 2028
|N/A
| [[Western Cape High Court]]
Competition Appeal Court
| [[Chris Jafta]]
|-
|}

===Former chief justices===

{{see also|Chief Justice of South Africa}}

* [[Chief Justice of South Africa|Chief Justice]] [[Arthur Chaskalson]] (born 1931, appointed by [[Nelson Mandela]] as President of the Constitutional Court in 1994, became the [[Chief Justice of South Africa|Chief Justice]] in 2001, retired in 2005 and died in 2012)
* [[Chief Justice of South Africa|Chief Justice]] [[Pius Langa]] (born 1939, appointed by [[Nelson Mandela]] in 1994, elevated to Deputy President of the Court by [[Nelson Mandela]] in 1997, became [[Deputy Chief Justice of South Africa|Deputy Chief Justice]] in 2001, elevated to [[Chief Justice of South Africa|Chief Justice]] by [[Thabo Mbeki]] in 2005, retired in 2009 and died in 2013)
* [[Chief Justice of South Africa|Chief Justice]] [[Sandile Ngcobo]] (born 1953, appointed by [[Nelson Mandela]] in 1999 and elevated by [[Jacob Zuma]] in 2009 and retired in 2011)
* [[Chief Justice of South Africa|Chief Justice]] [[Mogoeng Mogoeng]] (born 1961, appointed by [[Jacob Zuma]] in 2009 and elevated in 2011 and retired in 2021)
* [[Chief Justice of South Africa|Chief Justice]] [[Raymond Zondo]] (born 1960, appointed by [[Jacob Zuma]] in 2012, became [[Deputy Chief Justice of South Africa|Deputy Chief Justice]] in 2017, elevated to [[Chief Justice of South Africa|Chief Justice]] by [[Cyril Ramaphosa]] in 2022 and retired in 2024)

===Former deputy chief justices===

{{see also|Deputy Chief Justice of South Africa}}

* [[Deputy Chief Justice of South Africa|Deputy Chief Justice]] [[Pius Langa]], appointed in 2001, elevated to [[Chief Justice of South Africa|Chief Justice]] by [[President of South Africa|President]] [[Thabo Mbeki]] in 2005, retired in 2009, died in 2013.
* [[Deputy Chief Justice of South Africa|Deputy Chief Justice]] [[Dikgang Moseneke]], appointed to the Constitutional Court in 2002 by [[President of South Africa|President]] [[Thabo Mbeki]], elevated to [[Deputy Chief Justice of South Africa|Deputy Chief Justice]] in 2005, a position he held until his retirement in May 2016.<ref name="moseneke_retirement">{{Cite web |url=https://mg.co.za/article/2016-05-20-six-sets-of-wise-words-from-moseneke |title=Six sets of wise words from Moseneke |date=20 May 2016 |website=Mail & Guardian}}</ref>
* [[Deputy Chief Justice of South Africa|Deputy Chief Justice]] [[Raymond Zondo]], appointed to the Constitutional Court in September 2012 by [[President of South Africa|President]] [[Jacob Zuma]], elevated to [[Deputy Chief Justice of South Africa|Deputy Chief Justice]] by [[President of South Africa|President]] [[Jacob Zuma]] and later [[Chief Justice of South Africa|Chief Justice]] by [[President of South Africa|President]] [[Cyril Ramaphosa]] as of April 2022,<ref>{{Cite web |last=The |first=Presidency |date=11 March 2022 |title=President Ramaphosa appoints Justice Zondo as Chief Justice - The Presidency |url=https://www.gov.za/news/media-statements/president-cyril-ramaphosa-appoints-justice-raymond-zondo-chief-justice-11-mar |archive-url=https://web.archive.org/web/20240819203128/https://www.gov.za/news/media-statements/president-cyril-ramaphosa-appoints-justice-raymond-zondo-chief-justice-11-mar |archive-date=19 August 2024 |access-date=19 August 2024 |website=presidency.gov.za |language=en}}</ref> retired in 2024.
* [[Deputy Chief Justice of South Africa|Deputy Chief Justice]] [[Mandisa Maya]], appointed to the Constitutional Court as [[Deputy Chief Justice of South Africa|Deputy Chief Justice]] in September 2022 from the position of President of the [[Supreme Court of Appeal (South Africa)|Supreme Court of Appeal]] by [[President of South Africa|President]] [[Cyril Ramaphosa]], elevated to [[Chief Justice of South Africa|Chief Justice]] in 2024.

===Former justices===

[[File:Constitutional Court of South Africa.jpg|thumb|The courtroom of the Constitutional Court of South Africa]]

* Justice [[John Didcott]] (born 1931, appointed by Nelson Mandela in 1995, died in office in 1998)
* Justice [[Ismail Mahomed]] (born 1934, appointed by Nelson Mandela in 1995, elevated to Chief Justice of the Supreme Court of Appeal in 1998, died in 2000)
* Justice [[Richard Goldstone]] (born 1938, appointed by Nelson Mandela in 1994, retired in 2003)
* Justice [[Johann Kriegler]] (born 1932, appointed by Nelson Mandela in 1994, retired in 2003)
* Justice [[Lourens Ackermann]] (born 1934, appointed by Nelson Mandela in 1994, retired in 2004)
* Justice [[Tholie Madala]] (born 1937, appointed by Nelson Mandela in 1994, retired in 2008, died in 2010)
* Justice [[Yvonne Mokgoro]] (born 1950, appointed by Nelson Mandela in 1994, retired in 2009)
* Justice [[Kate O'Regan]] (born 1957, appointed by Nelson Mandela in 1994, retired in 2009)
* Justice [[Albie Sachs]] (born 1935, appointed by Nelson Mandela in 1994, retired in 2009)
* Justice [[Zak Yacoob]] (born 1948, appointed by Nelson Mandela in 1998, retired in 2013)
* Justice [[Thembile Skweyiya]] (appointed by [[Thabo Mbeki]] in 2003, retired in 2014, died in 2015)
* Justice [[Johann van der Westhuizen]] (appointed by Thabo Mbeki in 2004, retired in 2016)
* Justice [[Bess Nkabinde]] (appointed by Thabo Mbeki in 2006, retired in 2018)
* Justice [[Edwin Cameron]] (appointed by Kgalema Motlanthe in 2009, retired in 2019)
* Justice [[Johan Froneman]] (appointed by Jacob Zuma in 2009, retired in 2020)
* Justice [[Chris Jafta]] (appointed by Jacob Zuma in 2009, retired in 2021)
* Justice [[Sisi Khampepe]] (appointed by Jacob Zuma in 2009, retired in 2021)
* Justice [[Mbuyiseli Madlanga]] (appointed by Jacob Zuma in 2013, retired in 2025)

== The Constitution as the supreme law ==

The judgments of the court are based on the Constitution, which is the supreme law of the land. They enforce the basic rights and freedoms of all persons. They are binding on all organs of government, including the parliament, the presidency, the police force, the army, the public service and all courts. 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.

When interpreting the Constitution, the Court is required to consider international human rights law and may consider the law of other democratic countries.<ref>{{cite journal|last1=Erskine|first1=Daniel H|title=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|journal=Journal of Civil Rights and Economic Development|date=December 2008|volume=3|issue=22|page=595|url=http://scholarship.law.stjohns.edu/cgi/viewcontent.cgi?article=1071&context=jcred|access-date=30 April 2016}}</ref> 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.

== Other bodies protecting human rights ==

The Court is one of many bodies created by the Constitution to defend the rights of citizens. It is concerned with matters of broad constitutional principle. Bad or incorrect conduct by state officials can be reported to the Office of the [[Public Protector]], formerly called the [[Ombudsman]]. The [[South African Human Rights Commission|Human Rights Commission]] has been established to handle complaints of violation of human rights in daily life. The ordinary courts, notably the [[small claims court]]s, the [[Magistrates' Courts of South Africa|Magistrates' Courts]], the [[High Court of South Africa|High Court]]s and the [[Supreme Court of Appeal of South Africa|Supreme Court of Appeal]], deal with day-to-day disputes between citizens and between citizens and the state.

== Co-operation with Parliament and Provincial Assemblies ==

The Constitutional Court has a special responsibility to parliament and the provincial legislatures. 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. 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.

== Proceedings in court ==

The Court does not hear evidence or question witnesses. It does not decide directly whether accused persons are guilty or whether damages should be awarded to an injured person. These are matters for the ordinary courts. Its function is to determine the meaning of the Constitution in relation to matters in dispute. One consequence of this is that the Court works largely with written arguments presented to it by the parties. The hearings of the Court are intended to address particularly difficult issues raised by the written arguments of the parties.

The hearings of the Court are open to the public and the press. No cameras or recorders are ordinarily permitted. The public is invited to attend all sessions. Ordinary rules of decent dress and decorum apply.

== Notable judgments ==

{{further|List of judgments of the Constitutional Court of South Africa}}
* ''[[S v Makwanyane and Another]]'' (6 June 1995): abolished the death penalty, declaring [[capital punishment in South Africa]] to be inconsistent with the Interim Constitution.
* ''[[National Coalition for Gay and Lesbian Equality v Minister of Justice]]'' (9 October 1998): overturned South Africa’s [[sodomy law]], ruling that it violated constitutional guarantees of equal protection, privacy, and dignity.
* ''[[Government of the Republic of South Africa v Grootboom]]'' (4 October 2000): the government is obliged to provide housing relief to those living in intolerable situations or in crisis situations.
* ''[[Mohamed v President of the Republic of South Africa]]'' (28 May 2001): suspects cannot be [[extradition|extradited]] under circumstances where they may face the death penalty.
* ''[[Alexkor v Richtersveld Community]]'' (14 October 2003): rights to land under [[Customary law in South Africa|customary law]] must be recognised, and communities dispossessed of land owned under customary law are entitled to restitution.
* ''[[Minister of Home Affairs and Another v Fourie and Another]]'' (1 December 2005): the government must recognise and allow [[same-sex marriage in South Africa|same-sex marriage]].
* ''[[Economic Freedom Fighters v Speaker of the National Assembly and Others; Democratic Alliance v Speaker of the National Assembly and Others]]'' (31 March 2016): recommendations of the [[Public Protector]] are binding.
* ''[[Minister of Justice and Constitutional Development v Prince]]'' (18 September 2018): prohibition on private cultivation and consumption of [[Legality of cannabis|cannabis]] declared unconstitutional.<ref>{{Cite web |title=Minister of Justice and Constitutional Development and Others v Prince (Clarke and Others Intervening); National Director of Public Prosecutions and Others v Rubin; National Director of Public Prosecutions and Others v Acton (CCT108/17) [2018] ZACC 30; 2018 (10) BCLR 1220 (CC); 2018 (6) SA 393 (CC); 2019 (1) SACR 14 (CC) (18 September 2018) |url=https://www.saflii.org/za/cases/ZACC/2018/30.html |archive-url=http://web.archive.org/web/20250904142231/https://www.saflii.org/za/cases/ZACC/2018/30.html |archive-date=2025-09-04 |access-date=2025-09-30 |website=www.saflii.org}}</ref><ref>{{Cite news |date=2018-09-18 |title=South Africa's highest court legalises cannabis use |url=https://www.bbc.com/news/world-africa-45559954 |access-date=2025-09-30 |work=BBC. |language=en-GB}}</ref>
* ''[[Jacob Zuma contempt of court#Zuma II: Contempt of court conviction|Secretary of the State Capture Inquiry v Zuma]]'' (29 June 2021): Former President [[Jacob Zuma]] found guilty of [[contempt of court]] for his failure to comply with a court order requiring his cooperation with the [[Zondo Commission]].<ref>{{Cite web |title=Secretary of the Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector including Organs of State v Zuma and Others (CCT 52/21) [2021] ZACC 18; 2021 (9) BCLR 992 (CC); 2021 (5) SA 327 (CC) (29 June 2021) |url=https://www.saflii.org/za/cases/ZACC/2021/18.html |archive-url=http://web.archive.org/web/20250701053310/https://www.saflii.org/za/cases/ZACC/2021/18.html |archive-date=2025-07-01 |access-date=2025-09-30 |website=www.saflii.org}}</ref>

==Hlophe controversy==

{{main|John Hlophe gross misconduct}}

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".<ref>{{Cite news|url=http://www.iol.co.za/news/south-africa/judge-jafta-pulls-concourt-application-1.420003|title=Judge Jafta pulls ConCourt application|last=Smook|first=Ella|date=13 October 2008|work=IOL}}</ref> 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. Judge Hlophe was reported to have rejected the allegations as "utter rubbish" and as "another ploy" to damage his reputation.

Justices [[Chris Jafta]] and [[Bess Nkabinde]] had been the primary complainants and had supported the Court's complaint. 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.<ref>{{Cite web|url=http://www.iol.co.za/news/crime-courts/judges-file-hlophe-review-application-1.1594836|title=Judges file Hlophe review application|last=SAPA|date=21 October 2013|website=IOL}}</ref> Commentators slammed Jafta and Nkabinde's "cowardice", which had brought the Constitutional Court into disrepute.<ref>{{Cite web|url=http://www.iol.co.za/the-star/shame-on-those-two-concourt-judges-1.1588046|title=Shame on those two Concourt judges|last=Mackaiser|first=Eusebius|date=7 October 2013|website=IOL}}</ref> The judges claimed, in response, that they were simply upholding the Constitution.<ref>{{Cite web|url=http://www.enca.com/south-africa/nkabinde-and-jafta-we-are-fighting-constitution|title=Nkabinde and Jafta: We are fighting for the Constitution|last=Hawker|first=Dianne|date=21 October 2013|website=eNCA|access-date=9 April 2016|archive-date=19 October 2022|archive-url=https://web.archive.org/web/20221019164735/https://www.enca.com/south-africa/nkabinde-and-jafta-we-are-fighting-constitution|url-status=dead}}</ref> The High Court dismissed the judges' application on 26 September 2014,<ref>''Nkabinde and Another v Judicial Service Commission and Others'' [http://www.saflii.org/za/cases/ZAGPJHC/2014/217.html &#91;2014&#93; ZAGPJHC 217]; 2015 (1) SA 279 (GJ).</ref> but they appealed.<ref>{{Cite web|url=http://www.news24.com/Archives/City-Press/Hlophe-misconduct-Jafta-Nkabinde-stall-matter-20150429|title=Hlophe 'misconduct': Jafta, Nkabinde stall matter|last=Tolsi|first=Niren|date=6 October 2014|website=News24|location=South Africa}}</ref> 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".<ref>{{Cite web|url=http://www.saflii.org.za/za/cases/ZASCA/2016/12.html|title=Nkabinde and Another v Judicial Service Commission and Others (20857/2014) [2016] ZASCA 12|date=10 March 2016|website=SAFLII}}</ref> 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.<ref>{{Cite web|url=https://iono.fm/e/274194|title=HLOPHE CONCOURT|last=Affairs|first=SABC News and Current|website=iono.fm|access-date=2016-04-07}}</ref> They did so partly on the basis that the SCA made "hurtful" imputations about them. 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.<ref>{{Cite web|url=http://www.saflii.org/za/cases/ZACC/2012/4.html|title=Hlophe v Premier of the Western Cape Province|date=30 March 2012|website=SAFLII}}</ref>

==See also==

*[[Constitutionalism]]
*[[Jurisprudence]]
*[[Judicial Service Commission (South Africa)]]
*[[Constitution Hill, Johannesburg]]

{{commons category}}

==References==
{{reflist}}

==External links==

{{official website|http://www.constitutionalcourt.org.za}}

{{Constitutional Court of South Africa|state=uncollapsed}}
{{Constitution of South Africa}}
{{Superior Courts of South Africa}}
{{Greater Johannesburg|govt}}

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[[Category:National supreme courts|South Africa]]
[[Category:1995 establishments in South Africa]]
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