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AttorneyOS Directory

Constitutional Law attorneys in South Africa

Find a constitutional law attorney in South Africa for rights challenges, the Equality Court, public interest litigation and Constitutional Court matters.

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P

poovi moodley

P Moodley Attorneys Inc.

Ballito, Ballitoville, Kwazulu-Natal, South Africa Experience not supplied

P Moodley Attorneys Inc is a law firm specializing in Environmental law.

Administrative LawConstitutional LawDebt Collection AttorneyOS reviewed
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Mukwani Attorneys

Mukwani Attorneys

Rosebank, Johannesburg, Gauteng Experience not supplied

Mukwani Attorneys is a Johannesburg-based law firm committed to providing professional, personalised and effective legal solutions. We assist individuals and businesses across a range of legal matters, including family law, divorce, criminal law, litigation, commercial law, labour law, property law and estates. Our approach is built on honesty, integrity, quality and excellence, with a focus on understanding each client's unique needs and providing practical legal guidance.

Administrative LawCommercial LawConstitutional Law AttorneyOS reviewed
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Plain-language guide

What a constitutional law attorney does.

A constitutional law attorney takes on cases where a law, a policy or the conduct of the state or a powerful private party violates the Bill of Rights: equality and unfair discrimination, freedom of expression, access to housing, education, health care and social security, fair labour practices, and the right to just administrative action. Much of the work is public interest litigation on behalf of communities and organisations.

When you need one

  • A law or regulation itself, not just its application, seems to violate your rights.
  • You have been discriminated against on a listed ground such as race, sex, disability, religion or sexual orientation.
  • A community faces eviction, a loss of services or a development decision taken without meaningful engagement.
  • A lower court made an order that raises a constitutional issue worth taking further.

How fees usually work

Constitutional litigation is expensive because it usually runs through more than one court. Some matters are taken on by public interest organisations and university law clinics at no charge. In private practice, expect hourly billing with a written estimate; ask about the Biowatch principle, under which an unsuccessful litigant against the state in a genuine constitutional matter is usually not ordered to pay its costs.

Questions to ask before you instruct

  • Is this a constitutional matter or an ordinary one that can be resolved more cheaply?
  • Which court should hear it first, and how many stages could it run through?
  • Could a public interest law centre or a law clinic take it on?
  • What is the exposure to a costs order if we lose?

General information about South African law and practice, not advice on your matter. The practitioners listed on this page give that advice.

Constitutional law attorney questions

Can I go straight to the Constitutional Court?

Only in exceptional cases. Direct access is granted rarely and where the interests of justice demand it. Most constitutional matters start in the High Court, which can declare legislation invalid, and the Constitutional Court must then confirm any order of invalidity.

Where do I complain about unfair discrimination?

The Equality Court, which sits in designated magistrates courts and the High Court, hears complaints under the Promotion of Equality and Prevention of Unfair Discrimination Act. You do not need an attorney to lodge a complaint, and the clerk must help you complete the forms. Workplace discrimination goes to the CCMA or the Labour Court instead.

Who pays the costs if I lose a constitutional case against the state?

Usually each side pays its own. Under the principle set out in the Biowatch judgment, a private party who litigates a genuine constitutional issue against the state should not be ordered to pay the costs of the state if the case fails, unless the litigation was frivolous or vexatious.

For the practitioners listed here

Software built for litigation firms.

Court days per Uniform Rule 1, a prescription register, court-day checklists and the weekly court roll.