Certification of the Amended Text of the Constitution of the Western Cape, 1997 (CCT29/97) [1997] ZACC 15; 1997 (12) BCLR 1653; 1998 (1) SA 655 (18 November 1997)

Certification of the Amended Text of the Constitution of the Western Cape, 1997 (CCT29/97) [1997] ZACC 15; 1997 (12) BCLR 1653; 1998 (1) SA 655 (18 November 1997)

The Court found that the amended text of the Constitution of the Western Cape, 1997, as passed by the provincial legislature on 11 September 1997, addresses all deficiencies previously identified and now complies with section 143 of the national Constitution. The only additional amendment, concerning the composition...

Source-derived case information.

Citation
[1997] ZACC 15
Parties
Applicant: Speaker of the Western Cape Legislature; Respondent: Government of the Republic of South Africa
Court
Constitutional Court
Jurisdiction
South Africa
Judgment Date
18 November 1997
Case Number
CCT 29/97
Procedural Posture
Constitutional Certification / Certification of Amended Provincial Constitution
Outcome
Certified: The amended text of the Constitution of the Western Cape, 1997 complies with section 143 of the Constitution of the Republic of South Africa, 1996.
Legal Topics
Provincial Constitutions, Section 143 Compliance, Legislative Procedure, Executive Structure
Constitutional Law Provincial Constitutions Section 143 Compliance Legislative Procedure Executive Structure

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Parties

Speaker of the Western Cape Legislature

Applicant

Government of the Republic of South Africa

Respondent

Procedural Posture

Constitutional Certification / Certification of Amended Provincial Constitution

Legal Issues

  1. 1 Does the amended text of the Constitution of the Western Cape, 1997 comply with section 143 of the Constitution of the Republic of South Africa, 1996?
  2. 2 Do the amendments address the deficiencies previously identified by the Court?
  3. 3 Is the composition of the provincial cabinet during the interim period consistent with constitutional requirements?

Ratio Decidendi

The Court found that the amended text of the Constitution of the Western Cape, 1997, as passed by the provincial legislature on 11 September 1997, addresses all deficiencies previously identified and now complies with section 143 of the national Constitution. The only additional amendment, concerning the composition of the provincial cabinet during the interim period, was scrutinised and found to be consistent with the constitutional values and requirements. No objections were raised by any party, and the Court was satisfied that the amended text meets all necessary constitutional standards for certification.

Court Disposition

Certified: The amended text of the Constitution of the Western Cape, 1997 complies with section 143 of the Constitution of the Republic of South Africa, 1996.

Orders

  • The whole of the amended constitutional text of the Constitution of the Western Cape, 1997 as passed by the legislature of that province on 11 September 1997 is certified as complying with section 143 of the Constitution.