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ABC Steps to Appealing to the Constitutional Court of South Africa

1. The Constitutional Court consists of the Chief Justice of South Africa, the Deputy Chief Justice and nine other judges.
2. A matter before the Constitutional Court must be heard by at least eight judges.
3. The Constitutional Court ­
4. is the highest court of the Republic; and
5. may decide
6. constitutional matters; and
7. any other matter, if the Constitutional Court grants leave to appeal on the grounds that the matter raises an arguable point of law of general public importance which ought to be considered by that Court; and
8. makes the final decision whether a matter is within its jurisdiction. 
9. Only the Constitutional Court may ­
10. decide disputes between organs of state in the national or provincial sphere concerning the constitutional status, powers or functions of any of those organs of state;
11. decide on the constitutionality of any parliamentary or provincial Bill, but may do so only in the circumstances anticipated in section 79 or 121;
12. decide applications envisaged in section 80 or 122;
13. decide on the constitutionality of any amendment to the Constitution;
14. decide that Parliament or the President has failed to fulfil a constitutional obligation; or
15. certify a provincial constitution in terms of section 144. 
16. The Constitutional Court makes the final decision whether an Act of Parliament, a provincial Act or conduct of the President is constitutional, and must confirm any order of invalidity made by the Supreme Court of Appeal, the High Court if South Afirca, or a court of similar status, before that order has any force.
17. National legislation or the rules of the Constitutional Court must allow a person, when it is in the interests of justice and with leave of the Constitutional Court ­
18. to bring a matter directly to the Constitutional Court; or
19. to appeal directly to the Constitutional Court from any other court. 
20. A constitutional matter includes any issue involving the interpretation, protection or enforcement of the Constitution.

How do I take a matter to the Constitutional Court?

19. Appeals

What is the procedure once leave to appeal has been granted?

20. Procedure on appeal

What are the Steps in Summary:

1. Within 15 days of the Order you are appealing against, lodged you Application for leave to appeal [Rule 19(2)]
2. Within 10 days, the Respondent is to file its Notice to Oppose the appeal and the grounds for the opposition [Rule 19(4)(a)]
3. The Constitutional Court would then decide whether or not to grant the leave to Appeal [Rule 19(6)(a)]
4. If leave to appeal is granted, the appellant shall prepare and lodge the appeal record with the Registrar [Rule 20(1)(a)]
5. The Chief Justice may decide whether the appeal shall be dealt with based on written arguments only [Rule 20(5)]
6. The matter would be argued on the date provided by the Constitutional Court.

Best of luck with your appeal.