i........... ,, _____. - Judgment No. CCZ 3/2017 Const. Application No. CCZ 47/15 ' Const. Application No. CCZ 50/15 --- l·:-"'7',.-_' 1"£f ~- ....._... .. ............. ' 1, The Constitutional Court is a creature of the Constitution whose jurisdiction is to be found squarely within the four corners of the Constitution under s 167 of which subsection (1) provides as follows: "1 67 Jurisdiction of Constitutional Court ( 1) The Constitutional Court- (2) (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 l31(8)(b) and paragraph 9(2) ofthe 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. 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 ofthis 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." (My emphasis). Considering that the applicants' complaint is that the delay in executing the sentences of death passed by the High Court is a violation of their constitutional rights under ss 51 and 53 of the Constitution, there can be no doubt that this is a constitutional matter over which this Court has jurisdiction under s 167. Despite that finding, it does not follow that every matter that has some constitutional connotations must necessarily be laid at th is court's door. . ,_____·-·-.. -_-· · -· . . ---- 1 -I. . .cc:s ,iii'.'_'~"; ,:1: 'C r·-·--~ ~ ,.~: - --"~--- ' I . ' T . .. I !\ [ , 1 FO. f. · ,,.· ;:- . , C '--... 1 --(·\ ( , ,)o , I f I