Justice Richard Goldstone “I didn’t believe that in my time there would be democracy in South Africa, a Constitutional Court that was looked up to by jurists, certainly in the democracies around the world. I didn’t believe that I would be appointed to that Court. Certainly the high point in my career was my appointment …
Justice JohnDidcott “Parliament has the power to pass the statutes it likes, and there is nothing the courts can do about that. The result is law. But that is not always the same as justice. The only way that Parliament can ever make legislation just is by making just legislation.” Lawyer, judge, and one of …
Justice Laurie Ackermann “I don’t think people outside the Court realise just how much work is involved with a collegial Court of eleven, where everybody had to sit if they were available, and how important it was to try and let the Constitution speak through the judges, not the other way around.” Justice Lourens (Laurie) …
Justice Arthur Chaskalson “What each of you does with his or her life is important not only to yourselves but to the whole community. I urge you not to be afraid … To use your energy and skills to help create a new and better society.” Justice Arthur Chaskalson was the first Chief Justice of …
The Judge’s Chambers Interiors of the Court. Andrew Meintjes Interiors of the Court. The Constitutional Court of South Africa: The First Ten Years The security doors The private side of the Court where the judges have their chambers has an equal sense of delight and creativity as the public side of the Court. Gate for …
The Court Chamber The Constitutional Court in session. Guto Bussab The chamber in which the values of our society are debated sits confidently at the heart of the most public space The doors Copper Court chamber door. Andrew Meintjes A photograph of a gold and red Kente cloth spoke to us immediately. The design would …
The name in 11 languages Multi-coloured signage that spells out the Constitutional Court in all official languages. Tebogo Phalane The use of colour is an extension of the judge’s intention ‘to put a smiling face’ on the justice system – imbuing the Court with an unexpectedly friendly and even delightful exterior. The use of colour …
Appointing Judges This method of selection of appointing judges to the Constitutional Court created much debate. In the Technical Committee’s Twelfth Report, it was initially proposed that an independent Judicial Services Commission appoint all judges – except those for the Constitutional Court. It was argued that a different approach was needed, one which recognised the …
Qualifications of the judges Michael Corbett, then Chief Justice of the Appellate Division. Avusa Michael Corbett, Chief Justice of the Appellate Division at the time, had opposed this decision around appointing judges from a category of ‘non-legal’ experts. He believed that the judges of the Constitutional Court should be appointed from the members of the …
The powers of judicial review In making this historic decision of establishing a new and independent court, the negotiators effectively put an end to parliamentary sovereignty. Since 1910, parliamentary sovereignty had been the country’s governance system, which had allowed the whites-only legislature to enact apartheid laws without the scrutiny of a court that had the …
President Mandela gives his State of the Nation address in Parliament. Mandela ends his address with the words, “Let us all get down to work”.
President Nelson Mandela announces his cabinet. It includes members of the African National Congress, National Party and Inkatha Freedom Party.
