Constitutional Court
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Constitutional Court building
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Established | 1994 |
Country | South Africa |
Location | Constitution Hill, Johannesburg |
Coordinates | 26°11′19″S 28°2′36″E / 26.18861°S 28.04333°ECoordinates: 26°11′19″S 28°2′36″E / 26.18861°S 28.04333°E |
Composition method | Presidential appointment, after consultation |
Authorized by | Constitution of South Africa |
Judge term length | non-renewable 12 years (extendable by Parliament) |
No. of positions | 11 |
Website | www.constitutionalcourt.org.za |
Chief Justice of South Africa | |
Currently | Mogoeng Mogoeng |
Since | 8 September 2011 |
Deputy Chief Justice of South Africa | |
Currently | Raymond Zondo |
Since | 7 June 2017 |
The Constitutional Court of South Africa is a supreme constitutional court established by the Constitution of South Africa. It was originally the final appellate court for constitutional matters. Since the enactment of the Superior Courts Act in 2013, the Constitutional Court has jurisdiction to hear any matter if it is in the interests of justice for it to do so.
The court was first established by the Interim Constitution of 1993, and its first session began in February 1995. It has continued in existence under the Constitution of 1996. The court sits in the city of Johannesburg. It also has occupied a purpose-built complex on Constitution Hill. The first court session in the new building at this location was held in February 2004.
The Constitutional Court consists of eleven judges who are appointed by the President of South Africa from a list drawn up by the Judicial Service Commission. The judges serve for a term of twelve years. The court is headed by the Chief Justice of South Africa and the Deputy Chief Justice. The Constitution requires that a matter before the Court be heard by at least eight judges. In practice, all eleven judges hear almost every case. Decisions are reached by a majority and written reasons are given.
The movement for the establishment of the Constitutional Court in South Africa was begun in 1920 by the African National Congress (ANC).
By 1956, judges and liberals in the country had drawn up a bill of rights in support for the creation of the court. The first meeting of selected members of the court took place in 1994. In 1995, President Nelson Mandela appeared at the court to deliver a speech for its commissioning. According to South African History Online Mandela said, “The last time I appeared in court was to hear whether or not I was going to be sentenced to death. Fortunately for myself and my colleagues we were not. Today I rise not as an accused, but on behalf of the people of South Africa, to inaugurate a court South Africa has never had, a court on which hinges the future of our democracy."