Judicial authority
The judicial authority of the Republic is vested in the courts.
The courts are independent and subject only to the Constitution and the law, which they must apply impartially and without fear, favour or prejudice.
No person or organ of state may interfere with the functioning of the courts.
Organs of state, through legislative and other measures, must assist and protect the courts to ensure the independence, impartiality, dignity, accessibility and effectiveness of the courts.
An order or decision issued by a court binds all persons to whom and organs of state to which it applies.
The Chief Justice is the head of the judiciary and exercises responsibility over the establishment and monitoring of norms and standards for the exercise of the judicial functions of all courts.
Judicial system
The courts are —
the Constitutional Court; the Supreme Court of Appeal; the High Court of South Africa, and any high court of appeal that may be established by an Act of Parliament to hear appeals from any court of a status similar to the High Court of South Africa;
the Magistrates’ Courts; and
any other court established or recognised in terms of an Act of Parliament, including any court of a status similar to either the High Court of South Africa or the Magistrates’ Courts.
Constitutional Court
The Constitutional Court consists of the Chief Justice of South Africa, the Deputy Chief Justice and nine other judges.
A matter before the Constitutional Court must be heard by at least eight judges.
The Constitutional Court —
is the highest court of the Republic; and
may decide —
constitutional matters; and
any other matter, if the Constitutional Court grants leave to appeal on the grounds that the matter raises an arguable point of law of general public importance which ought to be considered by that Court; and
makes the final decision whether a matter is within its jurisdiction.
Only the Constitutional Court may —
decide disputes between organs of state in the national or provincial sphere concerning the constitutional status, powers or functions of any of those organs of state; decide on the constitutionality of any parliamentary or provincial Bill, but may do so only in the circumstances anticipated in section 79 or 121; decide applications envisaged in section 80 or 122; decide on the constitutionality of any amendment to the Constitution; decide that Parliament or the President has failed to fulfil a constitutional obligation; or certify a provincial constitution in terms of section 144.
The Constitutional Court makes the final decision whether an Act of Parliament, a provincial Act or conduct of the President is constitutional, and must confirm any order of invalidity made by the Supreme Court of Appeal, the High Court of South Africa, or a court of similar status, before that order has any force.
National legislation or the rules of the Constitutional Court must allow a person, when it is in the interests of justice and with leave of the Constitutional Court —
to bring a matter directly to the Constitutional Court; or
to appeal directly to the Constitutional Court from any other court.
A constitutional matter includes any issue involving the interpretation, protection or enforcement of the Constitution.
Supreme Court of Appeal
The Supreme Court of Appeal consists of a President, a Deputy President and the number of judges of appeal determined in terms of an Act of Parliament.
A matter before the Supreme Court of Appeal must be decided by the number of judges determined in terms of an Act of Parliament.
The Supreme Court of Appeal may decide appeals in any matter arising from the High Court of South Africa or a court of a status similar to the High Court of South Africa, except in respect of labour or competition matters to such extent as may be determined by an Act of Parliament. The Supreme Court of Appeal may decide only —
appeals; issues connected with appeals; and any other matter that may be referred to it in circumstances defined by an Act of Parliament.
High Court of South Africa
The High Court of South Africa may decide —
any constitutional matter except a matter that —
the Constitutional Court has agreed to hear directly in terms of section 167(6)(a); or is assigned by an Act of Parliament to another court of a status similar to the High Court of South Africa; and
any other matter not assigned to another court by an Act of Parliament.