August 2020

How the Constitutional Court functionswithin the broader democracy 01 The Constitutional Court is the highest court in all matters and may adjudicate on all constitutional matters and other related matters in the public interest. It is generally not a court of first instance unless direct access is granted as per section 167(4) of the Constitution …

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What is the roleof the law clerks? The law clerk intake of January 2011. Lwando Xaso Applying to be a law clerk Each year the Constitutional Court calls for applications from suitably qualified candidates and receives on average over 300 applications from local and international candidates. Traditionally the incumbent law clerks are tasked by their …

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How does the Courtwrite its judgments? Post hearingDeliberation Once a case has been heard, a post hearing conference of the justices is held to debate and discuss the issues raised in the hearing. The justices may meet immediately after the hearing is concluded. Sometimes the deliberations may not happen immediately after each hearing. In such …

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What does the Court do with the litigant’s application? The litigant files an application Litigants apply to the Court for their matter to be heard by filing their applications with the registrar at the general office. A copy is given to each of the 11 Judges, who directly apply themselves to, and engage with, the …

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How do litigants file a matter with the Court? Applications have to be legible, double-spaced in typewritten format and presented on A4-size paper. According to the rules, all parties to the matter have to lodge 25 copies of all relevant documents and an electronic version thereof that is compatible with the software used by the …

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How do cases reach the Court? Direct access to the Court and exclusive jurisdiction Section 167(4) of the Constitution sets out the instances in which only the Constitutional Court may hear a matter. This is referred to as exclusive jurisdiction, making it a court of first and last instance. The Court has exclusive jurisdiction over …

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How are judges appointed? The judges ordinarily serve for a non-renewable term of between 12 and 15 years. The 11 judges of the Constitutional Court must be independent. They cannot be members of Parliament, of the government or of political parties. They are required to be impartial and to uphold justice for all without fear, …

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What cases are heard by the Court?  The 17th Amendment of the Constitution expanded the jurisdiction of the Constitutional Court so that, as well as constitutional matters, the Court has jurisdiction over other matters of general public importance that it chooses to hear. One of the founding values of the Constitution is the supremacy of …

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