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(7) Members of the judiciary must take reasonable steps to maintain and enhance their
professional knowledge, skills and personal qualities, and in particular must keep themselves
abreast of developments in domestic and international law.
8.5 Constitutional Court
(1) The Constitutional Court is a superior court of record and consists of—
(a) the Chief Justice and the Deputy Chief Justice; and
(b) five other judges of the Constitutional Court;
(2) If the services of an acting judge are required on the Constitutional Court for a limited
period, the Chief Justice may appoint a judge or a former judge to act as a judge of the
Constitutional Court for that period.
(3) Cases before the Constitutional Court—
(a) concerning alleged infringements of a fundamental human right or freedom enshrined
in Chapter 4, or concerning the election of a President or Vice-President, must be
heard by all the judges of the Court;
(b) other than cases referred to in paragraph (a) must be heard by at least three judges of
the Court;
but an Act of Parliament or rules of the Court may provide for interlocutory matters to be heard
by one or more judges of the Court.
(4) A judge or former judge appointed to act under subsection (2) may continue to sit as a
judge of the Constitutional Court after his or her appointment has expired, for the purpose of
dealing with any proceedings commenced before him or her while he or she was so acting.
8.6 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
6.16(8)(b) and paragraph 9(2) of the Fourth 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 any 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.
Select target paragraph3
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