Judgment No. CCZ 10 /2015 6
Const. Application No. 8/2014
Except for the specific instances stipulated in s 167(1)(b) and s 167(2)(b,(c) and
(d), s 167 does not elaborate as to who, on what conditions or how, a party may approach the
court for it to exercise the jurisdiction conferred upon it by that provision. These details are to
be found in other provisions of the constitution. Thus s 167(1), apart from the paragraphs
mentioned, does not confer on anyone the right to approach the Constitutional Court directly,
even if they have, or perceive themselves to have, a constitutional matter needing the court’s
determination.
In order to give full effect to s 167(1) in relation to any constitutional matter
sought to be brought before the court, the provision must be read in conjunction with the
various provisions that do confer a right to approach the constitutional court directly or
indirectly through another process. Section 176 as will be explained later, is not one of such
provisions.
Thus the applicant’s attempt to file this application in terms of this section is
based on a misapprehension of the meaning and effect of s 167(1).
Direct applications to the Constitutional Court are to be made only in terms of
the provisions referred to above, as well as in terms of and as provided for in s 85(1). The
specialised nature of the applications referred to in s 167(1)(b) and s 167(2)(b,(c)and(d),
however, makes these provisions irrelevant to this case.