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In law, South African constitutional litigation is the area dealing with the rules and principles concerning constitutional matters in the country of South Africa.It includes the jurisdiction of the Constitutional Court of South Africa, the High Court of South Africa, the Supreme Court of Appeal of South Africa, and certain other specialist courts.
It was the first Constitutional Court case to deal with the recognition of same-sex partnerships, and also the first case in which a South African court adopted the remedy of "reading in" to correct an unconstitutional law. The case is of particular importance in the areas of civil procedure, immigration, and constitutional law and litigation.
The case was the first in a series of Constitutional Court rulings advancing LGBT rights in South Africa which culminated in the case Minister of Home Affairs and Another v Fourie and Another, a judgment which led to the legalisation of same-sex marriage in South Africa by the Civil Union Act, 2006. In the interim the court extended to same-sex ...
The movement for the establishment of a constitutional court in South Africa was begun in 1920 by the African National Congress (ANC). [1] Frontage of the Constitutional Court in South Africa. By 1956, judges and liberals in the country had drawn up a bill of rights in support of the creation of the court. The first meeting of selected members ...
Corruption Watch NPC and Another v President and Others; Council for the Advancement of the South African Constitution v President and Others [2017] ZAGPPHC 743 in the High Court of South Africa, Gauteng Division: Court membership; Judges sitting: Froneman J, Jafta J, Khampepe J, Madlanga J, Theron J, Cachalia AJ, Dlodlo AJ, Goliath AJ and Petse AJ
South Africa is generally considered to have had five constitutional documents since the Union was established in 1910, including the current one. The constitutions in chronological order are: South Africa Act 1909; Constitution of South Africa, 1961 (also known as the "Republican Constitution")
New Nation Movement NPC and Others v President of the Republic of South Africa and Others, [2020] ZACC 11, is a decision of the Constitutional Court of South Africa, handed down on 11 June 2020, which declared that the Constitution requires that citizens be allowed to stand for election to the National Assembly and provincial legislatures as independents without having to join or form a ...
While the imported constitution was employed in association to Christian belief, most African nations today separate the church and state to best accommodate for the freedom of religion. [50] However, in many circumstances, such as community service, the state and church often collaborate due to common interests.