In this week’s post, Leo Boonzaier and Nurina Ally provide an update to their 2022 study, which found that the Constitutional Court of South Africa suffered from serious efficiency problems. The full results will soon be published in Volume 15 of the Constitutional Court Review. As their analysis shows, the overall picture remains troubling: the Court has not resolved its efficiency challenges and, in important respects, these have worsened.

In this post, Lawrence Dlamini reflects on 30 years of Constitutional Court jurisprudence, with a particular focus on administrative justice. He argues that the Court has worked to ground the right to administrative justice in a more coherent and principled legal framework, as required by the Constitution since the enactment of the Promotion of Administrative Justice Act (PAJA).

In this week’s post, Nurina Ally and others offer an overview of the Constitutional Court’s operations, shedding light on aspects of the Court's work that rarely receive attention. Their analysis captures the bigger picture and highlights some of the unique challenges the Court encounters.

Lee-Anne Germanos Manuel discusses the significance of The Embrace Project v Minister of Justice and Correctional Service, in which the applicants successfully challenged the constitutionality of certain provisions relating to consent-based sexual offences in the Criminal Law (Sexual Offences and Related Matters) Act 32 of 2007 in the High Court of South Africa. The constitutional challenge focused on the element of criminal intent and its effect on consent and now awaits confirmation by the Constitutional Court.

In this article, Lauren Loxton offers a critical analysis of the Judicial Service Commission of South Africa's approach to interviewing and selecting candidates for Constitutional Court appointments, highlighting the risks posed by the absence of adequate judicial expertise needed to handle appeals in intricate and specialized areas of law.