The Supreme Court of Appeal (SCA) and the Constitutional Court (CC) in South Africa have distinct roles and jurisdictions within the judicial system:

Supreme Court of Appeal (SCA)

• The SCA is the highest court for non-constitutional matters. It primarily hears appeals from the High Courts and other lower courts on civil and criminal matters that do not involve constitutional issues.
• Its role is to ensure consistency and uniformity in the interpretation and application of the law across the country.
• The SCA can confirm, vary, or overturn decisions made by lower courts but does not have the authority to declare legislation unconstitutional.
• It is a purely appellate court, meaning it does not hear cases as a court of first instance but only on appeal

Constitutional Court (CC)

• The CC is the highest court in South Africa specifically for constitutional matters. It has exclusive jurisdiction over cases involving the interpretation, protection, and enforcement of the Constitution.
• It can hear appeals from the High Courts and the SCA if the case involves constitutional issues.
• The CC has the power to declare legislation or government actions unconstitutional , thereby protecting fundamental rights and ensuring the supremacy of the Constitution.
• It can also hear cases as a court of first and last instance in urgent constitutional matters or when directly approached.
• The CC plays a vital role in developing constitutional law and the common law in line with constitutional principles

Summary

Aspect| Supreme Court of Appeal (SCA)| Constitutional Court (CC)
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Jurisdiction| Appeals on non-constitutional matters| Exclusive jurisdiction on constitutional matters
Role| Final appellate court for civil/criminal law| Final arbiter on constitutional interpretation
Power| Cannot declare legislation unconstitutional| Can declare legislation and executive acts unconstitutional
Court Type| Purely appellate| Appellate and occasionally original jurisdiction
Focus| Ensuring uniformity in law application| Protecting the Constitution and fundamental rights

This division ensures that constitutional issues receive specialized attention while other legal matters are resolved through the established appellate process