(4) Organs of state, through legislative and other measures, must assist and protect the courts to ensure the independence, impartiality, dignity, accessibility, and effectiveness of the courts. (5) An order or decision issued by a court binds all persons and organs of state to which it applies. 98. Constitutional Court (1) There will be a Constitutional Court composed of judges as follows; (a) the President of the Court who will be the Chief Justice; (b) the other Supreme Court judges; (c) two judges of the High Court selected by the Judge President; and (d) two teachers of law selected by the Judicial Service Commission. (2) A matter before the Constitutional Court must be heard by the full bench of the Court. (3) The Constitutional Court – (a) is the highest court in all constitutional matters; (b) may decide only constitutional matters, and issues connected with decisions on constitutional matters; 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. (4) Only the Constitutional Court may – (a) (b) (c) (d) decide disputes between organs of state in the national or provincial sphere concerning the constitutional status, power or functions of any of those organs of state; decide the constitutionality of any law, whether contained in legislation, subsidiary legislation, the common law or customary law; decide whether the Prime Minister, Parliament, the President, a public authority or a public official has breached the Constitution or has failed to comply with any constitutional duty; decide on the constitutionality of any proposed law. (5) The Constitutional Court makes the final decision whether an Act of Parliament a Provincial Act, or conduct of the President is constitutional, and must confirm any order of invalidity made by the Supreme Court of Appeal, a High Court, or a court of similar status, before that order has any force. (6) National legislation or the rules of the Constitutional Court must allow a person, when it is in the interests of justice and with leave of the Constitutional Court: (a) to bring a matter directly to the Constitutional Court or (b) to appeal directly to the Constitutional Court. (7) A Constitutional matter concludes any issue involving the interpretation, protection or enforcement of the Constitution. 49

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