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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

President Cyril Ramaphosa deploys South African National Defence Force to KwaZulu-Natal

President Cyril Ramaphosa deploys South African National Defence Force to KwaZulu-Natal

27th October 2026 President Cyril Ramaphosa has informed the Speaker of the National Assembly, Honourable Thoko Didiza, and the Chairperson of the National Council... →

Bowmans

South Africa: Funding without a vote: What the Constitutional Court’s ruling that post-commencement creditors cannot vote on a business rescue plan means for lenders

27th October 2026 On 7 October 2026, the Constitutional Court delivered a judgment settling a question that has unsettled the restructuring market: can creditors... →

Webber Wentzel

Cornucopia Trust – When does a finance charge become section 24J interest?

19th October 2026 The recent decision of the Supreme Court of Appeal (SCA) in CSARS v Cornucopia Trust [2026] ZASCA 116 (Cornucopia Trust) concerned the... →

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Image of Fikile Mbalula

Daily Podcast – October 16, 2026

16th October 2026 Making headlines: Ramaphosa reinstates suspended police chief; ANC calls for mobilisation, unity following landmark ConCourt ruling; And,... →

Image of Fikile Mbalula

ANC calls for mobilisation, unity following landmark ConCourt ruling in IEC candidate nominations case 

By: Thabi Shomolekae     16th October 2026 The ANC has launched a powerful call to action, urging all party structures, leagues, and alliance partners to close ranks for a “decisive victory”... →

Constitutional Court

South Africa court rulings may lift confidence, PSG chief says

By: Bloomberg     16th October 2026 Court rulings on some of South Africa’s most contested laws could improve business sentiment after years of policy uncertainty, according to the... →

ANC’s ConCourt outcome will not change their declining fortunes

ANC’s ConCourt outcome will not change their declining fortunes

15th October 2026 The DA respects the rule of law and respects the judgement of the Constitutional Court. The judgement raises serious concerns about the precedent... →

Eskom CEO Dan Marokane

Daily Podcast – October 15, 2026

By: Halima Frost     15th October 2026 Making headlines: ConCourt rules in favour of ANC over candidate lists; Eskom revamps its strategy as monopoly fades; And, Kenya raises fuel prices... →

ANC flags

ConCourt rules in favour of ANC over candidate lists, DA raises ‘serious precedent concerns’ 

By: Creamer Media Reporter      15th October 2026 The ANC has won its case against the Independent Electoral Commission, which must now include all the party’s candidate lists on the ballot for the... →

FUL logo

Freedom Under Law condemns violent protest at the Constitutional Court

12th October 2026 Freedom Under Law (FUL) strongly condemns the acts of violence outside the Constitutional Court on 9 October 2026. Media reports indicate that a... →

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