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 Court. ​

The applicant must also set out an address within 25 kilometres from the Constitutional Court, telephone numbers and an e-mail address, where available, which is where he or she will accept notice and service of all documents in the case.

The notice of motion shall set a day, not less than five days, after service of the notice of motion on the respondent on which he or she  is required to notify the applicant in writing whether he or she intends to oppose the application.

Within 15 days of notifying the applicant of his or her intention to oppose the application, the respondent will file with the Court, if they choose to, his or her answering affidavit together with any relevant documents – which may include supporting affidavits.

Where an answering affidavit is lodged, the Chief Justice will thereafter give further direction to the parties on how the matter will proceed, which can include further issues that each party has to address or on which date the matter will be set down for hearing.

EXPLORE THE ARCHIVE

Audio Visual

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”.

“We must construct that people-centred society of freedom in such a manner that it guarantees the political and the human rights of all our citizens.”– President Mandela, extract from State of the Nation Address, 24 May 1994

President Nelson Mandela announces his cabinet. It includes members of the African National Congress, National Party and Inkatha Freedom Party.

“There was pride in serving in the first democratic government in South Africa, and then the additional pride of serving under the iconic leadership of Nelson Mandela … [He] represented the hopes of not just our country, but of oppressed, marginalised and the poor in the world.”– Jay Naidoo, then Minister of RDP housing
“We place our vision of a new constitutional order for South Africa on the table not as conquerors, prescribing to the conquered. We speak as fellow citizens to heal the wounds of the past with the intent of constructing a new order based on justice for all.”– President Nelson Mandela, 10 May 1994