Chapter 8: Courts and Administration of Justice an Act of Parliament, a provincial Act or any conduct of the President, but an order of constitutional invalidity has no force unless it is confirmed by the Constitutional Court. [Par (a) substituted by s. 7 of the Constitution Seventeenth Amendment Act of 2012.] (b) A court which makes an order of constitutional invalidity may grant a temporary interdict or other temporary relief to a party, or may adjourn the proceedings, pending a decision of the Constitutional Court on the validity of that Act or conduct. (c) National legislation must provide for the referral of an order of constitutional invalidity to the Constitutional Court. (d) Any person or organ of state with a sufficient interest may appeal, or apply, directly to the Constitutional Court to confirm or vary an order of constitutional invalidity by a court in terms of this subsection. Inherent power 173. � The Constitutional Court, the Supreme Court of Appeal and the High Court of South Africa each has the inherent power to protect and regulate their own process, and to develop the common law, taking into account the interests of justice. [S. 173 substituted by s. 8 of the Constitution Seventeenth Amendment Act of 2012.] Appointment of judicial officers 174. � (1) Any appropriately qualified woman or man who is a fit and proper person may be appointed as a judicial officer. Any person to be appointed to the Constitutional Court must also be a South African citizen. (2) � The need for the judiciary to reflect broadly the racial and gender composition of South Africa must be considered when judicial officers are appointed. (3) � The President as head of the national executive, after consulting the Judicial Service Commission and the leaders of parties represented in the National Assembly, appoints the Chief Justice and the Deputy Chief Justice and, after consulting the Judicial Service Commission, appoints the President and Deputy President of the Supreme Court of Appeal. [Sub-s. (3) substituted by s. 13 of the Constitution Sixth Amendment Act of 2001.] 89

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