Revisiting the jurisdiction of the Constitutional Court on constitutional matters in light of Jacobs v S

Abstract

This article revisits the Jurisdiction of the Constitutional Court on constitutional matters in light of Jacobs v S. It particularly critiques the constitutional jurisdictional principle that the mere application or misapplication of a common law principle does not engage the jurisdiction of the Court as that does not raise a constitutional issue. It argues against the blanket exclusion of such matters from the jurisdictional ambit of the Court.