Event Reports

CONSTITUTIONAL COURT: BETWEEN THE LAW AND POLITICS

VISIT BY GERMAN FEDERAL CONSTITUTIONL COURT JUDGE PROF HERBERT LANDAU TO THE SOUTH AFRICAN CONSTITUTIONAL COURT FACILITATED BY THE KONRAD ADENAUER STIFTUNG

VISIT BY GERMAN FEDERAL CONSTITUTIONL COURT JUDGE PROF HERBERT LANDAU TO THE SOUTH AFRICAN CONSTITUTIONAL COURT FACILITATED BY THE KONRAD ADENAUER STIFTUNG:

Upon the invitation of the South African Constitutional Court, German Federal Constitutional Court Judge Prof. Herbert Landau, the KAS Country representative for South Africa, Dr. Werner Böhler and the Director of the KAS Rule of Law Program for Africa, Prof. Christian Roschmann visited the South African Constitutional Court in Johannesburg.

They were welcomed in a reception by the President of the Court, Chief Justice Sandile Ngcobo and all 11 judges of the court. The judges showed themselves very interested in a continued cooperation with the German Federal Constitutional Court whose President they invited for a visit and the Konrad Adenauer Stiftung (Foundation). Prof. Roschmann presented the Court with the book:”60 Years German Basic Law: The German Constitution and its Court” which is published by the Konrad Adenauer Stiftung (Foundation) and publicizes the landmark decisions of the German Court in the last 60 years.

PUBLIC LECTURE:

CONSTITUTIONAL COURT: BETWEEN THE LAW AND POLITICS

Partners

1. Constitutional Court of South Africa

2. South African Institute for Advanced Constitutional, Public, Human Rights and International Law (SAIFAC)

Key Speakers:

1. Prof. Herbert Landau, Judge, Federal Constitutional Court of Germany - The German Federal Constitutional Court between the Law and Politics

2. Justice Prof. Albie Sachs, (Rtd) Judge of the Constitutional Court of South Africa - The Experience of the South African Constitutional Court

Constitutional Court justices Prof. Herbert Landau (German Federal Constitutional Court) and Prof. Albie Sachs (South African Constitutional Court, Rtd) gave a joint public lecture to promote and explain to the public the place and role of Constitutional Courts. It was moderated by Prof. David Bilchitz, Director of SAIFAC.

Justice Landau explained the difficult position of the German Federal Constitutional Court between the law and politics and its mandate to focus on the interpretation of the constitution. Justice Sachs explained the role of the South African Constitutional Court by elaborating on its evolution in the emergence of the New South African Republic, citing a number of prominent and at the same time difficult decisions which he called “hot potatoes”. After the speeches, a lively discussion with the public ensued.

The Specific Objectives were to give the interested public an insight into the position of constitutional courts in the legal and political systems.