Section 167: Jurisdiction of Constitutional Court

(1) The Constitutional Court—

    (a) is the highest court in all constitutional matters, and its decisions on those matters bind

all other courts;

    (b) decides only constitutional matters and issues connected with decisions on

constitutional matters, in particular references and applications under section 131(8)(b)

and paragraph 9(2) of the Fifth Schedule; and

    (c) makes the final decision whether a matter is a constitutional matter or whether an issue

is connected with a decision on a constitutional matter.

(2) Subject to this Constitution, only the Constitutional Court may—

    (a) advise on the constitutionality of any proposed legislation, but may do so only where

the legislation concerned has been referred to it in terms of this Constitution;

    (b) hear and determine disputes relating to election to the office of President;

    (c) hear and determine disputes relating to whether or not a person is qualified to hold the

office of Vice-President; or

    (d) determine whether Parliament or the President has failed to fulfil a constitutional

obligation.

(3) The Constitutional Court makes the final decision whether an Act of Parliament or conduct of the President or Parliament is constitutional, and must confirm any order of constitutional invalidity made by another court before that order has any force.

(4) An Act of Parliament may provide for the exercise of jurisdiction by the Constitutional Court and for that purpose may confer the power to make rules of court.

(5) Rules of the Constitutional Court must allow a person, when it is in the interests of justice and with or without leave of the Constitutional Court—

    (a) to bring a constitutional matter directly to the Constitutional Court;

    (b) to appeal directly to the Constitutional Court from any other court;

    (c) to appear as a friend of the court.