Judgment No. CCZ 10 /2015 5
Const. Application No. 8/2014
1.
Direct approach to the Constitutional Court
The applicant sought to bring this application before the Court, in terms of s
167(1(a) as read with s 176 of the constitution.
A closer look at these two provisions suggests that he could not have properly
done so.
Section 167 (1) provides as follows:“167 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 s 131
(8)(b) and paragraph 9(2) of the 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.”
Section 176 provides as follows:“176 Inherent powers of Constitutional Court, Supreme
Court and High Court
The Constitutional Court, the Supreme Court and the High Court have inherent power
to protect and regulate their own process and to develop the common law or the
customary law, taking into account the interests of justice and the provisions of this
constitution” (my emphasis)
As is evident from a reading of s 167(1), all that it does is state that the
Constitutional Court is the highest (and final) court in all constitutional matters, and that it
decides such matters only. “All constitutional matters” in my view refers to matters properly
brought before this Court in accordance with the Constitution.