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
DA’s ConCourt hearing against VAT Act underway
27th August 2026 This morning the Democratic Alliance’s lawyers began argument in the Constitutional Court, for a final order of constitutional invalidity over... →
Beyond the termination clause: The survival of the common law right to terminate
27th August 2026 Most standard form construction contracts contain comprehensive default and termination clauses. However, not all default and termination clauses... →
Jurisdiction without borders? The Constitutional Court settles the test for competition authority’s jurisdiction over foreign banks
26th August 2026 For over a decade, the question of whether South Africa's competition authorities have the power to prosecute foreign companies for alleged... →
Pricing locals out of housing market reflects bad political choices, not Cape Town's success
24th August 2026 Western Cape Premier Alan Winde and Mayor of Cape Town Geordin Hill-Lewis say the province’s 680 000 housing backlog, and increasing... →
Zambia closes courts on last day to file election challenge
By: Reuters 24th August 2026 Zambian authorities closed the country's top courts on Monday, blocking access to the premises on the last day that the opposition could file a... →
Civil society warns against Orange Basin oil deal over Israel ties, climate risks
By: Thabi Shomolekae 21st August 2026 A coalition of South African civil society organisations has launched an urgent appeal to Mineral and Petroleum Resources Minister Gwede Mantashe... →
The Bogeyman that is the GAAR
21st August 2026 The general anti-avoidance rule – or the GAAR as it is “fondly” referred to in the tax world – has had a lot of media attention in the past short... →
Environmental considerations alone must not stall South Africa’s exploration and job creation ambition
17th August 2026 The Chairperson of the Portfolio Committee on Mineral and Petroleum Resources, Mr Mikateko Mahlaule, has noted the judgment of the Constitutional... →
Daily Podcast – August 14, 2026
By: Halima Frost 14th August 2026 Ramaphosa calls for regional action on xenophobia; South Africa's top court blocks Shell's Wild Coast exploration plans; And, Chad's president... →
South Africa's top court blocks Shell's Wild Coast exploration plans
By: Reuters 14th August 2026 South Africa's Constitutional Court on Friday blocked offshore exploration led by Shell along the country's pristine Wild Coast, a setback for the... →
