Constitutional Court of South Africa
Johannesburg, Gauteng
Address
1 Hospital Street, Constitution Hill, Braamfontein, 2017
Phone
011 359 7400
Matters Heard
- Constitutional matters and any matter in which a constitutional issue arises
- Confirmation of orders of constitutional invalidity made by other courts
- Final court of appeal for constitutional matters and any other matter it grants leave to hear
- Highest court in the Republic per section 167 of the Constitution
About Apex Courts
South Africa has two apex courts, sitting above every High Court division. The Constitutional Court is the highest court in the country on any constitutional matter, and on any other matter it grants leave to hear, under section 167 of the Constitution. Its decisions bind every other court, including the Supreme Court of Appeal. The Supreme Court of Appeal is the second-highest court and the final court of appeal for most criminal and civil matters that are not constitutional in nature - in practice, the large majority of appeals that leave a High Court division end at the Supreme Court of Appeal rather than going on to the Constitutional Court.
Neither apex court hears a case from scratch. A matter reaches the Constitutional Court or the Supreme Court of Appeal on appeal, after a trial or application has already been decided in a Magistrate's Court or a High Court division, and usually after at least one earlier appeal. Leave to appeal is required in almost every instance and is not automatically granted - the court has to be satisfied the appeal raises an arguable point of law or a constitutional issue worth deciding.
The Supreme Court of Appeal sits in Bloemfontein. The Constitutional Court sits in Johannesburg, at Constitution Hill - a deliberate break from Bloemfontein when the Constitutional Court was first established under the interim Constitution in 1994 and confirmed under the final Constitution in 1996. A judgment from either court is binding precedent on every other court in the country, including every High Court division and every Magistrate's Court, until a later judgment of the same or a higher court changes it.
What to expect
- Proceedings are almost always by way of written heads of argument followed by oral argument, not witness testimony - the facts were already established in the court below.
- A panel of judges hears the matter, not a single judge; the Constitutional Court sits with a quorum of at least eight of its eleven judges.
- Judgment can take months to be handed down after argument is heard, given the complexity and precedent-setting weight of the matters these courts decide.
- Legal representation by an admitted attorney or advocate is effectively required - self-representation at this level is rare and difficult given the procedural and legal complexity involved.
- Costs of an apex-court appeal, including counsel's fees for senior advocates, are typically the most expensive stage of any piece of litigation - get a costs estimate from your attorney before deciding to pursue leave to appeal.
Related practice areas
Constitutional & Public Law
Judicial review, PAIA requests, and discrimination claims.
Criminal Defence
Bail, charges, trials, and appeals in SA criminal courts.
Business & Commercial Law
Contracts, shareholder disputes, M&A, BEE, and liquidations.
Family Law
Divorce, custody, maintenance, adoption, and domestic violence matters.
Attorneys near this court
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