A Constitution at a Crossroads: A Conversation with the Chief Justice of the Constitutional Court of South Africa

"8 As if to press a "reset button" from an era of "parliamentary sovereignty" under apartheid,9 the autochthonous text installed a new apex court-the Constitutional Court10-with the power to invalidate any "law or conduct" inconsistent with the Constitution.11 The eleven justices,12 who, in theory,13 broadly reflect "the racial and gender composition of South Africa"14 are appointed to a non-renewable, twelve-year term or serve until he or she reaches the mandatory retirement age of seventy.15 Although the Chief Justice and his or her Deputy Chief Justice are the titular leaders of the Court, members of the bench consider and carry themselves as equals. Pursuant to the fundamental constitutional principles of equality and dignity, the Court also invalidated the common law definition of marriage insomuch as it did not include same-sex couples21 and, on similar grounds, banned the common law offense of sodomy.22 Almost two decades since its inception, however, the perception of the Court and the Constitution as irreproachable agents of social transformation23 has flagged.