87 8.12 Administrative Court (1) The Administrative Court is a court of record and consists of— (a) a Judge President; and (b) such other judges of the Administrative Court as may be appointed from time to time. (2) The Administrative Court has such jurisdiction over administrative matters as may be conferred upon it by an Act of Parliament. (3) An Act of Parliament may provide for the exercise of jurisdiction by the Administrative Court and for that purpose may confer the power to make rules of court. 8.13 Other courts and tribunals An Act of Parliament may provide for the establishment, composition and jurisdiction of— (a) magistrates courts, to adjudicate on civil and criminal cases; (b) customary law courts whose jurisdiction consists primarily in the application of customary law; (c) other courts subordinate to the High Court; and (d) tribunals for arbitration, mediation and other forms of alternative dispute resolution. 8.14 Powers of courts in constitutional matters (1) Where a court makes an order concerning the constitutional invalidity of any law or any conduct of the President or Parliament, the order has no force unless it is confirmed by the Constitutional Court. (2) A court which makes an order of constitutional invalidity referred to in subsection (1) may grant a temporary interdict or other temporary relief to a party, or may adjourn the proceedings, pending a decision of the Constitutional Court on the validity of the law or conduct concerned. (3) Any person with a sufficient interest may appeal, or apply, directly to the Constitutional Court to confirm or vary an order concerning constitutional validity by a court in terms of subsection (1). (4) If a constitutional matter arises in any proceedings before a court, the person presiding over that court may and, if so requested by any party to the proceedings, must refer the matter to the Constitutional Court unless he or she considers the request is merely frivolous or vexatious. (5) An Act of Parliament or rules of court must provide for the reference to the Constitutional Court of an order concerning constitutional invalidity made in terms of subsection (1) by a court other than the Constitutional Court. (6) When deciding a constitutional matter within its jurisdiction a court may— (a) declare that any law or conduct that is inconsistent with the Constitution is invalid to the extent of the inconsistency; (b) make any order that is just and equitable, including an order limiting the retrospective effect of the declaration of invalidity and an order suspending conditionally or

Select target paragraph3

Add to table of contents