oa Constitutional Court Review - Media freedom and the law of privacy : NM & Others v Smith & Others (Freedom of Expression Institute as amicus curiae) 2007 (5) SA 250 (CC) : case comments
|Article Title||Media freedom and the law of privacy : NM & Others v Smith & Others (Freedom of Expression Institute as amicus curiae) 2007 (5) SA 250 (CC) : case comments|
|© Publisher:||Juta Law Publishing|
|Journal||Constitutional Court Review|
|Author||Glenn Penfold and Dario Milo|
|Publication Date||Jan 2008|
|Pages||311 - 334|
The Constitutional Court is a specialist court that does not have unlimited jurisdiction. While section 167(3)(a) of the Constitution proclaims that the Constitutional Court is the highest court on all 'constitutional matters', the next paragraph stipulates that the Court 'may decide only constitutional matters, and issues connected with decisions on constitutional matters'. The threshold of a 'constitutional matter' (and connected issues) thus determines the line beyond which the Constitutional Court's authority does not extend. While the Constitutional Court is the highest court on constitutional matters, the Supreme Court of Appeal has the last word on non-constitutional matters.
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