A case can reach the Constitutional Court in a variety of ways:

• as the result of an appeal from a judgment of the High Court or the Supreme Court of Appeal;
• as a direct application to the Court, asking it to sit as a court of first and last instance because of the urgency of the matter;
• as the result of the court below declaring a piece of legislation invalid, which requires confirmation by the Constitutional Court; or
• as a Bill parliament asks the Court to review.

The Court has the discretion whether or not to hear a matter; an exception is where an Act has already been declared invalid and the Court is required to confirm the finding.

Typically, cases that reach the Constitutional Court start in the High Court, which has the power to grant various remedies and can declare legislation invalid. Any decision that invalidates provincial or parliamentary legislation or any conduct of the President must be confirmed by the Constitutional Court before it has any effect.

If the High Court rules against an application, the Constitutional Court may be approached on appeal. Since the Court may only hear constitutional matters, an applicant must show that the case concerns a constitutional matter.

The Constitutional Court judges will decide if an important principle relating to the interpretation of the Constitution has been raised and will consider whether there is a reasonable prospect that the appeal may succeed. But there is no automatic right of appeal.

If the Court decides to grant leave to appeal, or if it is unsure and wishes to hear argument on whether leave to appeal should be granted, the case is set down on a certain date so that argument from the parties can be heard. Each party submits written submissions before the date of argument so that the judges can familiarise themselves with the case and the position taken by each party.

Sometimes at this point other interested parties may ask to be joined in proceedings, or be admitted as an amicus curiae (friend of the court). They too will make written submissions and sometimes give oral argument if directed by the chief justice to do so.

As for direct access, section 167 of the Constitution allows a person, "when it is in the interests of justice and with leave of the Constitutional Court", to bring a matter directly to the Constitutional Court; or to appeal directly to the Constitutional Court from any other court. This procedure is ordinarily permitted only in exceptional circumstances.

The Constitutional Court deals with the matter of direct access to the court in the judgment handed down in Dudley v City of Cape Town and Another.

The procedure in bringing a case is set out in the rules of the Constitutional Court.