BLOG SERIES: THREE DECADES OF THE CONSTITUTIONAL COURT
The Constitutional Court of South Africa delivered its first judgment, S v Zuma and Others ([1995] ZACC 1), on 5 April 1995.
The Court found section 217(1)(b)(ii) of the Criminal Procedure Act inconsistent with the Constitution, ruling that its requirement—placing the burden on an accused to prove that a confession was not made freely and voluntarily—violated key fair trial rights. These included the right to remain silent after arrest, the right not to be compelled to make a confession, and the right not to testify against oneself.
Shortly after, on 6 June 1995, the Court handed down its landmark judgment in S v Makwanyane ([1995] ZACC 3), declaring the death penalty unconstitutional. These two early decisions established paradigm-shifting precedents that continue to shape South African law today.
Now, 30 years on, we sit down with Constitutional Court justices to reflect on the Court’s evolving role and the challenges facing constitutional democracy in South Africa. Each week, we will release an interview with one of the justices, starting with Justice Cameron, followed by Justice Majiedt, Justice Theron, and former Acting Justice Margie Victor. Stay tuned for this special series.
