The South African Constitutional Court: Upholding the Rule of Law and the Separation of Powers

Abstract

AbstractThe supremacy of the constitution and the rule of law are key features of the post-apartheid legal order in South Africa. For either to have any real value, however, it is necessary that they are interpreted and applied by an independent judiciary that is free from executive influence. This important task has fallen mainly on the Constitutional Court. It has recently been called upon to rule on the lawfulness of the conduct of both the president and the National Assembly and held that both had acted unlawfully and inconsistently with the constitution. In the author's view, this ruling signifies that the maturing court is fully aware of its own constitutional obligations and that, unlike its apartheid era predecessors that were hamstrung by the supremacy of Parliament, it possesses a mandate to check the abuse of power by other branches of government.