Amendment of section 167 of Constitution, as amended by section 11 of Constitution Sixth Amendment Act of 2001
3.Section 167 of the Constitution is hereby amended—
(a)
by the substitution for subsection (3) of the following subsection:
“(3) The Constitutional Court—
(a)
is the highest court [in all constitutional matters]of the Republic; and
(b)
may decide [only]—
(i)
constitutional matters[, and issues connected with decisions on constitutional matters]; and
(ii)
any other matter, if the Constitutional Court grants leave to appeal on the grounds that the matter raises an arguable point of law of general public importance which ought to be considered by that Court; and
(c)
makes the final decision whether a matter is [a constitutional matter or whether an issue is connected with a decision on a constitutional matter]within its jurisdiction.”; and
(b)
by the substitution for subsection (5) of the following subsection:
“(5) The Constitutional Court makes the final decision whether an Act of Parliament, a provincial Act or conduct of the President is constitutional, and must confirm any order of invalidity made by the Supreme Court of Appeal, [a]the High Court of South Africa, or a court of similar status, before that order has any force.”.
Amendment of section 168 of Constitution, as amended by section 12 of Constitution Sixth Amendment Act of 2001
4.Section 168 of the Constitution is hereby amended by the substitution for subsection (3) of the following subsection:
“(3) (a) The Supreme Court of Appeal may decide appeals in any matter arising from the High Court of South Africa or a court of a status similar to the High Court of South Africa, except in respect of labour or competition matters to such extent as may be determined by an Act of Parliament.
(b) The Supreme Court of Appeal may decide only—
(i)
appeals;
(ii)
issues connected with appeals; and
(iii)
any other matter that may be referred to it in circumstances defined by an Act of Parliament.”.
Substitution of section 169 of Constitution
5. The following section is hereby substituted for section 169 of the Constitution:
“High [Courts] Court of South Africa
169.(1)[A]The High Court of South Africa may decide—
(a)
any constitutional matter except a matter that—
(i)
[only] the Constitutional Court [may decide]has agreed to hear directly in terms of section 167(6)(a); or
(ii)
is assigned by an Act of Parliament to another court of a status similar to [a]the High Court of South Africa; and
(b)
any other matter not assigned to another court by an Act of Parliament.
