Page:Constitution of the Republic of South Africa 1996 from Government Gazette.djvu/72

---

Act No. 108, 1996

Constitution of the Republic of South Africa, 1996

Chapter 8—Courts and Administration of Justice

---

matter or whether an issue is connected with a decision on a constitutional matter.

(4)

Only the Constitutional Court may —

(a)

decide disputes between organs of state in the national or provincial sphere concerning the constitutional status, powers or functions of any of those organs of state;

(b)

decide on the constitutionality of any parliamentary or provincial Bill, but may do so only in the circumstances anticipated in section 79 or 121;

(c)

decide applications envisaged in section 80 or 122;

(d)

decide on the constitutionality of any amendment to the Constitution;

(e)

decide that Parliament or the President has failed to fulfil a constitutional obligation; or

(f)

certify a provincial constitution in terms of section 144.

(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 High Court, or a court of similar status, before that order has any force.

(6)

National legislation or the rules of the Constitutional Court must allow a person, when it is in the interests of justice and with leave of the Constitutional Court —

(a)

to bring a matter directly to the Constitutional Court; or

(b)

to appeal directly to the Constitutional Court from any other court.

(7)

A constitutional matter includes any issue involving the interpretation, protection or enforcement of the Constitution.

Supreme Court of Appeal

168.

(1)

The Supreme Court of Appeal consists of a Chief Justice, a Deputy Chief Justice and the number of judges of appeal determined by an Act of Parliament.

(2)

A matter before the Supreme Court of Appeal must be decided by the number of judges determined by an Act of Parliament.

(3)

The Supreme Court of Appeal may decide appeals in any matter. It is the highest court of appeal except in constitutional matters, and may decide only —

(a)

appeals;

(b)

issues connected with appeals; and

(c)

any other matter that may be referred to it in circumstances defined by an Act of Parliament.

High Courts

169.

A High Court may decide —

(a)

any constitutional matter except a matter that —