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1993 Ann. Surv. S. African L. 669 (1993)
Civil Procedure

handle is hein.journals/assafl1993 and id is 717 raw text is: CIVIL PROCEDURE CHERYL LOOTS* LEGISLATION CONSTITUTION OF THE REPUBLIC OF SOUTH AFRICA Jurisdiction The jurisdiction of the courts with regard to constitutional issues is now regulated by the Constitution of the Republic of South Africa, 1993, Act 200 of 1993 ('the constitution'). Sections 98(1) and 99 provide for the establishment of a Constitutional Court and its composition. See further the chapter on Administration of Justice, Law Reform and Jurisprudence below. The President of the Constitutional Court, in consultation with the Chief Justice, may make rules concerning the conditions upon which the Constitutional Court may be seized of any matter within its jurisdiction, and all matters relating to the proceedings of and before the court (s 100(1)). These rules have not yet been published. The constitution confers authority to hear constitutional issues upon the Constitutional Court and to a limited extent upon the Supreme Court. It also prescribes the procedures to be followed when a constitutional issue arises in any court which does not have jurisdiction to decide such issue. The rules of the Constitutional Court may provide for direct access to the court where it is in the interest of justice to do so in respect of any matter over which the court has jurisdiction (s 100(2)). Section 98(2) provides that the Constitutional Court shall have jurisdiction in the Republic as the court of final instance over all matters relating to the interpretation, protection, and enforcement of the constitution. These matters include: any alleged violation or threatened violation of any fundamental right entrenched in Chap- ter 3 of the Constitution; any dispute over the constitutionality of any executive or administrative act or conduct or any threatened executive or administrative act or conduct of any organ of state; any inquiry into the constitutionality of any law, including an Act of Parliament, irrespective of whether such law was passed or made before or after the commencement of the constitution; any dispute over the constitutionality of any Bill before Parliament or a provin- cial legislature; any dispute of a constitutional nature between *BCom LLB (Witwatersrand), Attorney and Notary of the Supreme Court of South Africa, Associate Professor of Law, University of the Witwatersrand, Johannesburg.

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