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Constitutional Court

The Constitutional Court is the apex court in South Africa and the highest judicial authority on constitutional matters. Established in 1995 following the end of apartheid, the court was created to safeguard the rights enshrined in the country's Constitution and to ensure that all law and conduct is consistent with constitutional principles. It sits in Johannesburg at Constitution Hill, a site that formerly housed apartheid-era prisons and now symbolises the transition to democracy. The court comprises 11 justices, including a Chief Justice and Deputy Chief Justice, all appointed by the President after a public nomination and interview process conducted by the Judicial Service Commission. The Constitutional Court has jurisdiction over constitutional disputes between organs of state, challenges to the constitutionality of legislation or executive action, and matters referred to it by lower courts. Its decisions are binding on all courts and organs of state and cannot be appealed. The court has played a central role in shaping South African law on issues ranging from socioeconomic rights and land reform to electoral disputes and the separation of powers. Notable rulings have addressed government accountability, access to housing and healthcare, and the limits of executive authority. The court's independence and its willingness to hold government to account have made it a key institution in South Africa's constitutional democracy. Its judgments are widely studied across the continent and have influenced constitutional jurisprudence in other African jurisdictions.

Latest Articles in 60 Seconds

Court rules against Western Cape over Tafelberg land sale

The Constitutional Court has ruled that the Western Cape government's proposed sale of well-located Tafelberg land in Sea Point breached its constitutional and statutory obligations to redress apartheid-era spatial planning and provide adequate, well-located housing. The judgment, welcomed by the SACP and cited by ActionSA alongside Public Protector findings of maladministration in Langa and Khayelitsha, also found the province failed to consult the national Human Settlements Minister as required for cooperative governance.

Refugees Act provisions struck down

The Constitutional Court has confirmed a Western Cape High Court declaration that key provisions of the Refugees Act are unconstitutional, reaffirming the non-refoulement principle and requiring asylum claims to be assessed individually rather than dismissed on administrative technicalities. The EFF welcomed the ruling while blaming government for the asylum system's dysfunction.

Ramaphosa challenges Phala Phala impeachment inquiry

The Western Cape High Court is set to hear an urgent application by President Cyril Ramaphosa seeking to halt Parliament's Section 89 Impeachment Committee inquiry into the Phala Phala scandal, with committee chairperson Makashule Gana representing Parliament in defence of its oversight powers under Constitutional Court precedent on separation of powers.

Constitutional Court Updates


Section 89 Impeachment Committee chairperson Makashule Gana
Makashule Gana representing Parly in Phala Phala court battle against Ramaphosa
14th July 2026 By: Thabi Shomolekae

The Western Cape High Court is scheduled to hear an urgent legal challenge on Wednesday and Thursday, positioning Parliament’s Section 89 Impeachment Committee chairperson Makashule Gana, at the... 


FHR logo
Families, survivors of apartheid crimes fight Zuma, Mbeki’s court bid
26th June 2026 By: Thabi Shomolekae

A crucial legal battle is set for the Constitutional Court on June 29, when 25 families and survivors of apartheid-era crimes, alongside the Foundation for Human Rights, will formally oppose an... 


SARS Commissioner Dr Johnstone Makhubu
SARS Commissioner welcomes Constitutional Court judgment on zero-rating of gold
24th June 2026 By: Sabrina Jardim

The Commissioner for the South African Revenue Service (SARS) Dr Johnstone Makhubu has welcomed the unanimous judgment of the Constitutional Court in Lueven Metals v Commissioner for the SARS,... 


Image of Cyril Ramaphosa
Impeachment committee opposes Ramaphosa’s interdict
18th June 2026 By: Thabi Shomolekae

Parliament’s Section 89 Impeachment Committee has resolved to formally oppose President Cyril Ramaphosa’s urgent court application to halt its inquiry. Following a crucial legal briefing, the... 


Image of Michael Beaumont
ActionSA threatens legal action over ‘SAPS secrecy’ on Phala Phala records
9th June 2026 By: Thabi Shomolekae

ActionSA has launched an internal appeal against the South African Police Service after the law enforcement agency rejected its Promotion of Access to Information Act application for material... 


Photo of Terence Creamer
Risks to reform
22nd May 2026 By: Terence Creamer

The economic reform agenda has emerged as the defining feature of President Cyril Ramaphosa’s presidency, especially the reforms under way to open the electricity and freight logistics markets to... 


Analyst warns Parly ‘accountability failures’ risk politicising courts
Analyst warns Parly ‘accountability failures’ risk politicising courts
21st May 2026 By: Thabi Shomolekae

Political analyst Lukhona Mnguni’s critique of what he says are Parliament's accountability failures, following the recent landmark Constitutional Court ruling, highlights the legislature's... 


Constitutional Court
FUL warns of ‘severe’ ConCourt backlog, urges structural reforms
19th May 2026 By: Thabi Shomolekae

A new Freedom Under Law (FUL) report has proposed urgent structural reforms for the Constitutional Court, to address what it reveals are severe case backlogs and lengthy delays. On Tuesday, FUL... 


Healthcare
ConCourt deals blow to NHI
18th May 2026 By: Thabi Shomolekae

Opposition parties and trade unions overwhelmingly welcomed the recent Constitutional Court ruling, which they viewed as a crucial defence against State control and professional coercion. The... 


President Cyril Ramaphosa
DA announces Impeachment Committee team
15th May 2026 By: Thabi Shomolekae

Following the recent Constitutional Court judgment and the subsequent move to establish a Section 89 Impeachment Committee, the Democratic Alliance (DA) has formally submitted the names of those... 


ANC secretary-general Fikile Mbalula
ANC rallies behind Ramaphosa, backs High Court review of Phala Phala report
15th May 2026 By: Thabi Shomolekae

The African National Congress has moved to shut down speculation regarding President Cyril Ramaphosa’s future, with secretary-general Fikile Mbalula clarifying on Friday that the ANC’s National... 


Minister of Social Development Sisisi Tolashe
Ramaphosa fires Social Development Minister
14th May 2026 By: Sashnee Moodley

President Cyril Ramaphosa on Thursday dismissed Sisisi Tolashe as Minister of Social Development, after widespread calls for her removal. Minister in the Presidency for Women, Youth and Persons... 


Image of Cyril Ramaphosa
ActionSA files perjury, fraud charges against Ramaphosa
13th May 2026 By: Thabi Shomolekae

ActionSA has officially laid criminal charges against President Cyril Ramaphosa in the ongoing Phala Phala farm theft saga, alleging a deep-seated cover-up and the under-reporting of stolen funds.... 


Image of Cyril Ramaphosa
Ramaphosa refuses to resign over Phala Phala as Labour Party demands systemic overhaul
12th May 2026 By: Thabi Shomolekae

Political parties have reacted to President Cyril Ramaphosa’s address on the Constitutional Court judgment in the Phala Phala matter, with the Labour Party of South Africa urging for a structural... 


President Cyril Ramaphosa
Speaker initiates establishment of impeachment committee after Phala Phala court ruling
11th May 2026 By: Thabi Shomolekae

In response to the Constitutional Court's judgment on the Phala Phala vote, Parliament has announced that National Assembly Speaker Thoko Didiza will initiate the process to establish an... 


President Cyril Ramaphosa
No one is above the law – Ramaphosa
8th May 2026 By: Creamer Media Reporter

Responding to Friday’s Constitutional Court ruling, which opens the way for impeachment proceedings against him, President Cyril Ramaphosa stated that the court’s judgment should be respected. The... 


EFF national chairperson and parliamentary chief whip Nontando Nolutshungu
Opposition parties demand immediate impeachment process against Ramaphosa after ConCourt ruling
8th May 2026 By: Thabi Shomolekae

Opposition parties have reacted strongly to Friday’s Constitutional Court judgment on an impeachment inquiry over the Phala Phala scandal, with the Economic Freedom Fighters demanding an immediate... 


Image of Geordin Hill-Lewis
DA defends decision to take on NHI in ConCourt
6th May 2026 By: Thabi Shomolekae

Democratic Alliance leader Geordin Hill-Lewis argued on Wednesday that South Africa cannot build a sustainable healthcare system by centralising "enormous power, money, and decision-making" in a... 


ANC spokesperson Mahlengi Bhengu
ANC confident ConCourt will uphold NHI Act as it calls out opposition
5th May 2026 By: Thabi Shomolekae

The African National Congress believes the Constitutional Court will uphold the constitutionality of the National Health Insurance and affirm the State’s move to roll out universal healthcare. The... 


Constitutional court
ConCourt rules SAHRC can’t issue legally binding directives
22nd April 2026 By: Thabi Shomolekae

A Constitutional Court ruling has affirmed that the South African Human Rights Commission does not have the authority to issue legally binding directives. The judgment in the matter of SAHRC v Agro... 


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