Concourt landmark rulings as it celebrates 30 years
JOHANNESBURG - This year marks 30 years since South Africa's highest court opened its doors not just as a courtroom and as a beacon of hope for justice, equality and Constitutional supremacy.
Established after apartheid the Constitutional Court doors were first opened by former President Nelson Mandela in the land in 1995.
Its first President was Justice Arthur Chaskalson under then Chief Justice Michael Corbett.
Among the first justices on the bench were Richard Goldstone, Pius Langa and Ismail Mohamed.
The court Chief Justice, Mandisa Maya. She takes over from Raymond Zondo, as the first woman to hold the position.
According to Maya the ConCourt was entrusted with the responsibility to enforce constitutional limitations on the exercise of public power and safeguarding human rights.
She was speaking at a celebratory event held in Braamfontein, Johannesburg on Friday.
She says the court functions as an independent and impartial institution tasked to ensure compliance and provision of the constitution and serve as the ultimate arbiter of all constitutional matters.
📸| The 30th anniversary of the Constitutional Court.
The @ConCourt is the apex court in South Africa and was established following the first democratic election in 1994. #GovZAUpdates pic.twitter.com/PXy4ZxmDZX
— South African Government (@GovernmentZA) June 20, 2025
And over the three decades, it has done just that, handing down landmark rulings that transformed the law, protected rights and deepened constitutional democracy.
Here are some of the most influential Constitutional Court rulings that changed South Africa.
S v Makwanyane (1995)
Issue: The death penalty
Outcome: The death penalty is a cruel, inhuman and degrading punishment and it should be declared unconstitutional. It was the court's first ruling.
National Coalition for Gay and Lesbian Equality v Minister of Home Affairs (1999)
Issue - Same-sex marriage
Outcome - The impact of discrimination on gays and lesbians is rendered more serious. And their vulnerability increased by the fact that they are a political minority, not able on their own to use political power to secure favourable legislation for themselves. This also led to the legalisation of same-sex marriage- the first in Africa.
Government of the RSV v Grootboom (2000)
Issue: Right to housing
Outcomes: The state must devise and implement within its available resources a comprehensive and coordinated programme progressively to realise the right of access to adequate housing.
Minister of Health v Treatment Action Campaign (2002)
Issue - Inheritance under the African customary law of intestate succession
Outcome - This ruling struck down male-only inheritance promoting gender equality. It found that the rule that male primogeniture wherein the eldest son inherits property was declared inconsistent with the Constitution and invalid,
to the extent that it excludes women and extra-marital children from inheriting property.
Bhe and Others v The Magistrate, (2004)
Outcome - This ruling struck down male-only inheritance promoting gender equality. It found that the rule that male primogeniture wherein the eldest son inherits property was declared inconsistent with the Constitution and invalid,
to the extent that it excludes women and extra-marital children from inheriting property.
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