The South African Constitutional Court was established in 1994 by South Africa's first democratic constitution: the Interim Constitution of 1993. In terms of the 1996 Constitution the Constitutional Court established in 1994 continues to hold office. The court began its first sessions in February 1995. Since February 2004, Constitution Hill, Johannesburg has been the seat of the court. It consists of eleven judges. Currently nine of the judges are men and two are women. They may serve for a non-renewable term of 12 years, but must retire at the age of 70. They are all independent. Their duty is to uphold the law and the constitution, which they must apply impartially and without fear, favour or prejudice.

The constitution requires that a matter before the court is heard by at least eight judges. In practice, all eleven judges hear every case. If any judge is absent for a long period or a vacancy arises, an acting judge may be appointed by the President of the Republic on a temporary basis. Decisions of the Court are reached by majority vote of the judges sitting in a case. Each judge must indicate his or her decision. The reasons for the decision are published in a written judgement.

The constitution as the supreme law

The judgments of the court are based on the constitution, which is the supreme law of the land. They guarantee the basic rights and freedoms of all persons. They are binding on all organs of government, including the parliament, the presidency, the police force, the army, the public service and all courts. This means that the court has the power to declare an Act of Parliament null and void if it conflicts with the constitution and to control executive action in the same way.

When interpreting the Constitution, the court is required to consider international human rights law and may consider the law of other democratic countries. The Constitutional Court is the highest court in the land for all constitutional matters.

Other bodies protecting human rights

The court is one of many bodies created by the constitution to defend the rights of citizens. It is concerned basically with matters of broad constitutional principle. Bad or incorrect conduct by state officials can be reported to the Office of the Public Protector , formerly called the Ombudsmas . A Human Rights Commission has been established to handle complaints of violation of human rights in daily life. The ordinary courts, notably the Small Claims Courts , the Magistrates Courts, the High Courts and the Supreme Court of Appeal , deal with day-to-day disputes between citizens and between citizens and the state.

Co-operation with Parliament and Provincial Assemblies

The Constitutional Court has a special responsibility to parliament and provincial legislatures. If there is a dispute in parliament or in a provincial legislature concerning whether or not legislation that has been passed and assented to is constitutional, a third of the members of the body concerned may apply to the Constitutional Court to give a ruling. Similarly, the President or the Premier of a Province may refer a bill to the court for a decision on its constitutionality before assenting to that Bill.

Proceedings in court

The court does not hear evidence or question witnesses. It does not decide directly whether accused persons are guilty or whether damages should be awarded to an injured person. These are matters for the ordinary courts. Its function is to determine the meaning of the Constitution in relation to matters in dispute. One consequence of this is that the court works largely with written arguments presented to it by the parties. The hearings of the court are intended to address particularly difficult issues raised by the written arguments of the parties.

The hearings of the court are open to the public and the press. No cameras or recorders are ordinarily permitted. The public is invited to attend all sessions. Ordinary rules of decent dress and decorum apply.