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Constitutional Court

The Constitutional Court is the apex court in South Africa and the highest judicial authority on constitutional matters. Established in 1995 following the end of apartheid, the court was created to safeguard the rights enshrined in the country's Constitution and to ensure that all law and conduct is consistent with constitutional principles. It sits in Johannesburg at Constitution Hill, a site that formerly housed apartheid-era prisons and now symbolises the transition to democracy. The court comprises 11 justices, including a Chief Justice and Deputy Chief Justice, all appointed by the President after a public nomination and interview process conducted by the Judicial Service Commission. The Constitutional Court has jurisdiction over constitutional disputes between organs of state, challenges to the constitutionality of legislation or executive action, and matters referred to it by lower courts. Its decisions are binding on all courts and organs of state and cannot be appealed. The court has played a central role in shaping South African law on issues ranging from socioeconomic rights and land reform to electoral disputes and the separation of powers. Notable rulings have addressed government accountability, access to housing and healthcare, and the limits of executive authority. The court's independence and its willingness to hold government to account have made it a key institution in South Africa's constitutional democracy. Its judgments are widely studied across the continent and have influenced constitutional jurisprudence in other African jurisdictions.

Constitutional Court Updates

Erin Torkelson

Predatory Welfare: How Finance Capital Profiteers from Social Grants

17th July 2026 Predatory Welfare: How Finance Capital Profiteers from Social Grants is a powerful, eye-opening account of how social welfare, distributed in the... 

Deneys

Deneys secures Constitutional Court victory for asylum seekers and children

16th July 2026 The Constitutional Court has unanimously struck down key provisions of the Refugees Act, ruling that asylum seekers and their children cannot be... 

SchoemanLaw

Rescission of default judgment, setting aside a judgment and protecting your rights

16th July 2026 The principle of audi alteram partem—that every person should be afforded an opportunity to be heard—is a cornerstone of South African law.... 

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Section 89 Impeachment Committee chairperson Makashule Gana

Makashule Gana representing Parly in Phala Phala court battle against Ramaphosa 

By: Thabi Shomolekae     14th July 2026 The Western Cape High Court is scheduled to hear an urgent legal challenge on Wednesday and Thursday, positioning Parliament’s Section 89... 

EFF logo

EFF slams ‘State dysfunction’ after ConCourt defends asylum seekers

By: Thabi Shomolekae     8th July 2026 The EFF have strongly welcomed the landmark judgment of the Constitutional Court, which confirmed the Western Cape High Court’s declaration that... 

ActionSA Welcomes Public Protector Findings Exposing DA's Systematic Neglect of Langa and Khayelitsha

ActionSA Welcomes Public Protector Findings Exposing DA's Systematic Neglect of Langa and Khayelitsha

7th July 2026 ActionSA welcomes the Public Protector's damning findings that the City of Cape Town, under successive DA administrations, systematically failed to... 

 SACP welcomes Constitutional Court judgment against the Western Cape government in recognition of the right to adequate housing

SACP welcomes Constitutional Court judgment against the Western Cape government in recognition of the right to adequate housing

6th July 2026 The SACP welcomes the Constitutional Court decision concerning a case brought by Western Cape activist groups against the Western Cape provincial... 

DA logo

DA files ConCourt papers to get Jacob Zuma to repay R28.9 mil legal costs

30th June 2026 The Democratic Alliance has filed papers in the Constitutional Court opposing Jacob Zuma’s latest attempt to avoid repaying the nearly R29 million... 

Werksmans

The shift in the evaluation criteria in South African public procurement

29th June 2026 South Africa is in the midst of what could prove to be one of the most significant reforms of its public procurement framework since democracy. Or... 

Werksmans

Does the Public Procurement Act provide for an effective dispute resolution mechanism?

29th June 2026 The National Treasury published the draft General Public Procurement Regulations and draft Public Procurement Tribunal Regulations (“Draft... 

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