Constitutional Court turns 30: Time for a critical reflection

THE Constitutional Court is an apex court in the land. Its responsibility is to uphold the country's Constitution and to protect human rights. Over the years, significant changes have occurred within this institution.

- PROF BHEKI MNGOMEZULU

The court has been led by different judges, passed different judgments and interacted with various high-ranking individuals and political parties. This has earned the court accolades and criticisms from different people.

Having existed since the dawn of democracy, it is the opportune moment to reflect on how the court has performed. In so doing, it is fair to consider both its highs and lows.

In 1993, as the country drew closer to turning a new page by moving from a racial era to the current political dispensation, an interim constitution was passed. It was this interim constitution which guided the first democratic election in 1994.

The motivating factor was that at the time the judiciary was predominantly white male. As such, it lacked legitimacy since it did not represent the multiracial South African community. It was necessary, therefore, to establish a court that would protect the Constitution against anyone.

The Constitutional Court formerly opened its doors on February 15, 1995. It then facilitated the adoption of the 1996 Constitution which is currently in place.

As was expected, the new constitution confirmed the existence of the Constitutional Court, which has 11 judges. These include the Chief Justice, Deputy Chief Justice and 9 other judges. It used interim offices before moving to the Constitution Hill in Braamfontein where it now sits.

The signature case for the court was the case between the State and Makwanyane in 1995 on the death penalty. At the centre of this case was whether it was constitutional to use the death penalty under the new political dispensation.