Page:Constitution of the Republic of South Africa 1996 from Government Gazette.djvu/71



Chapter 8—Courts and Administration of Justice

Judicial authority

The judicial authority of the Republic is vested in the courts.

The courts are independent and subject only to the Constitution and the law, which they must apply impartially and without fear, favour or prejudice.

No person or organ of state may interfere with the functioning of the courts.

Organs of state, through legislative and other measures, must assist and protect the courts to ensure the independence, impartiality, dignity, accessibility and effectiveness of the courts.

An order or decision issued by a court binds all persons to whom and organs of state to which it applies.

Judicial system

The courts are —

the Constitutional Court; the Supreme Court of Appeal; the High Courts, including any high court of appeal that may be established by an Act of Parliament to hear appeals from High Courts; the Magistrates’ Courts; and any other court established or recognised in terms of an Act of Parliament, including any court of a status similar to either the High Courts or the Magistrates’ Courts.

Constitutional Court

The Constitutional Court consists of a President, a Deputy President and nine other judges.

A matter before the Constitutional Court must be heard by at least eight judges.

The Constitutional Court —

is the highest court in all constitutional matters; may decide only constitutional matters, and issues connected with decisions on constitutional matters; and makes the final decision whether a matter is a constitutional