Constitutional law in SA is the apex of the legal system - the Constitution is supreme, and every other law is subject to it. The Bill of Rights (Chapter 2) is justiciable and has generated a powerful body of jurisprudence. Constitutional claims can be brought in the High Court, Supreme Court of Appeal, and Constitutional Court. Public interest litigation has a long history - section 38 standing is broad.
When to hire a constitutional & public law attorney
- A government decision or statute affects your constitutional rights.
- You are challenging state conduct on rights grounds.
- A public interest matter (socio-economic rights, equality) needs litigation.
- Direct access to the Constitutional Court is being considered.
- You need to intervene as amicus curiae in a pending matter.
What to expect
Constitutional matters are typically document-heavy with extensive affidavits. The High Court hears most first-instance matters; the SCA appellate; the ConCourt for matters of constitutional importance. Amicus briefs by NGOs (CALS, LHR, SERI) are common. Cost orders are asymmetric - state often bears costs even when it wins.
Typical fees
Constitutional challenge in High Court: R200,000-R1M+. SCA appeal: R300,000-R1.5M. ConCourt hearing: R400,000-R2M+. Public interest cases often done pro bono or by specialist NGOs.
Specific areas within Constitutional & Public Law
Constitutional & Public Law
Judicial review, human-rights litigation, and PAJA matters.
Judicial Review (PAJA)
Reviewing administrative decisions under the Promotion of Administrative Justice Act.
PAIA Access to Information
Applications under the Promotion of Access to Information Act.
Discrimination & Human Rights
Equality Court applications and human-rights litigation.
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