Chapter 4 - Jurisdiction in Bill of Rights litigation

Question 1

Structure of the judicial system

Answer 1

1. The Constitutional Court - the highest court in all matters
2. The Supreme Court of Appeal, which hears appeals in constitutional and non-constitutional matters
3. The High Courts
4. Margistarates’ Courts
5. Any other court established or recognised in terms of an Act of Parliament, including any court of a status similar to either the High Court of South Africa or the Magistrate Courts.

Question 2

Constitutional Court

Answer 2

1. is the highest court in all matters
2. may decide constitutional matters, and any other matter for which leave to appeal has been granted by the Constitutional Court on the basis that the matter raises the point of law of general public importance; and
3. makes the final decision whether a matter is within its jurisdiction

Question 3

Supreme Court of Appeal

Answer 3

The SCA has jurisdiction to hear and decide on constitutional issues, except matters within the exclusive jurisdiction of the Constitutional Court. It is empowered to hear appeals in any matter, including constitutional appeals from the High Court.

Question 4

High Courts

Answer 4

A High Court may decide any constitutional matter, except matters in the exclusive jurisdiction of the Constitutional Court. A High Court may declare conduct or legislation invalid, but, in the case of parliamentary and provincial legislation and conduct of the president, its order has no force until it has been confirmed by the Constitutional Court.

Question 5

Magistrates’ Courts

Answer 5

Section 170 provides that the magistrates courts cannot enforce the Constitution.