Attorney-General of Natal v Mngadi and Others (64/86) [1988] ZASCA 110 (27 September 1988)

Attorney-General of Natal v Mngadi and Others (64/86) [1988] ZASCA 110 (27 September 1988)

The Supreme Court of Appeal held that the 1978 Proclamation amending section 7 of the Code of Zulu Law never applied in KwaZulu. After KwaZulu became a self-governing territory in 1977, the State President lost the competence to extend amendments to the Code to KwaZulu. The KwaZulu Legislative Assembly assumed...

Source-derived case information.

Citation
[1988] ZASCA 110
Parties
Appellant: Attorney-General of Natal; Respondent: Fana Mngadi and 91 Others
Court
Supreme Court of Appeal
Jurisdiction
South Africa
Judgment Date
27 September 1988
Case Number
64/86
Procedural Posture
Criminal Appeal / Appeal From the Natal Provincial Division, Following Conviction in the Regional Court and Successful Appeal by Respondents.
Outcome
Appeal dismissed with costs.
Judges
Viljoen, Grosskopf, Smalberger, Vivier, Steyn
Legal Topics
Ultra Vires, Delegated Legislation, Territorial Application of Statutes, Code of Zulu Law
Criminal Law Administrative Law Ultra Vires Delegated Legislation Territorial Application of Statutes Code of Zulu Law

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Summary, issues, holding and outcome

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Parties

Attorney-General of Natal

Appellant

Fana Mngadi and 91 Others

Respondent

Procedural Posture

Criminal Appeal / Appeal From the Natal Provincial Division, Following Conviction in the Regional Court and Successful Appeal by Respondents.

Legal Issues

  1. 1 Did the 1978 Proclamation amending the Code of Zulu Law apply in KwaZulu at the time of the alleged offence?
  2. 2 Was the State President competent to extend amendments to the Code to KwaZulu after it became a self-governing territory?
  3. 3 Were the respondents properly charged under the amended Code?

Ratio Decidendi

The Supreme Court of Appeal held that the 1978 Proclamation amending section 7 of the Code of Zulu Law never applied in KwaZulu. After KwaZulu became a self-governing territory in 1977, the State President lost the competence to extend amendments to the Code to KwaZulu. The KwaZulu Legislative Assembly assumed legislative powers over the Code within its territory. The relevant legislative history and constitutional developments indicated that only the unamended Chapter 2 of the 1967 Proclamation remained in force in KwaZulu. The respondents were therefore wrongly charged under an amendment that did not apply to them, and should have been acquitted by the magistrate.

Court Disposition

Appeal dismissed with costs.

Orders

  • The appeal is dismissed with costs.