Chapter 8: Courts and Administration of Justice
(a) to bring a matter directly to the Constitutional Court; or
(b) to appeal directly to the Constitutional Court from any other court.
(7) A constitutional matter includes any issue involving the interpretation, protection or
enforcement of the Constitution.
Supreme Court of Appeal
168.
(1) The Supreme Court of Appeal consists of a President, a Deputy President and the
number of judges of appeal determined in terms of an Act of Parliament.
(2) A matter before the Supreme Court of Appeal must be decided by the number of
judges determined in terms of an Act of Parliament.
[Sub-s. (1) substituted by s. 12 of the Constitution Sixth Amendment Act of 2001.]
[Sub-s. (2) substituted by s. 12 of the Constitution Sixth Amendment Act of 2001.]
(3) (a) The Supreme Court of Appeal may decide appeals in any matter arising from
the High Court of South Africa or a court of a status similar to the High Court
of South Africa, except in respect of labour or competition matters to such an
extent as may be determined by an Act of Parliament.
(b) The Supreme Court of Appeal may decide only—
(i) appeals;
(ii) issues connected with appeals; and
(iii) any other matter that may be referred to it in circumstances defined by
an Act of Parliament.
[Sub-s (3) substituted by s. 4 of the Constitution Seventeenth Amendment Act of 2012.]
High Court of South Africa
169. (1) The High Court of South Africa may decide—
(a) any constitutional matter except a matter that—
(i) the Constitutional Court has agreed to hear directly in terms of section
167(6)(a); or
(ii) is assigned by an Act of Parliament to another court of a status similar to
the High Court of South Africa; and
(b) any other matter not assigned to another court by an Act of Parliament.
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