S v Thunzi and Another (CCT 81/09) [2010] ZACC 27 (2 December 2010)

S v Thunzi and Another (CCT 81/09) [2010] ZACC 27 (2 December 2010)

The Constitutional Court found that, while parallel legislation regulating dangerous weapons exists in the former homelands, none of the offending provisions are currently operational due to the withdrawal of activating notices. Parliament and the Minister have undertaken to introduce uniform legislation in the 2011 session. Given this undertaking and the inoperative status of the statutes, it is not in the interests of justice to declare the legislation unconstitutional or to grant immediate relief. Instead, the matter is postponed to allow Parliament and the Minister to report on steps taken to fulfill their undertaking. The Court formally notes the executive and legislative commitment...

Citation
[2010] ZACC 27
Parties
Applicant: The State; Respondent: Kholekile Witness Thunzi; Respondent: Siyabulela Mlonzi; Respondent: Minister for Justice and Constitutional Development; Respondent: Speaker of the National Assembly; Respondent: Chairperson of the National Council of Provinces
Court
Constitutional Court
Jurisdiction
South Africa
Judgment Date
2 December 2010
Case Number
CCT 81/09
Procedural Posture
Constitutional Confirmation / Post Referral for Confirmation of High Court Order
Outcome
Matter postponed pending Parliament and Minister's report on legislative steps to rationalise the laws.
Judges
Froneman, Ngcobo, Moseneke, Brand, Cameron, Jafta, Khampepe, Mogoeng, Nkabinde, Skweyiya, Yacoob
Legal Topics
Unfair Discrimination, Transitional Legislation, Dangerous Weapons Act, Parliamentary Obligation, Rationalisation of Laws
Constitutional Law Criminal Law Unfair Discrimination Transitional Legislation Dangerous Weapons Act Parliamentary Obligation Rationalisation of Laws

Case Brief

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Parties

The State

Applicant

Kholekile Witness Thunzi

Respondent

Siyabulela Mlonzi

Respondent

Minister for Justice and Constitutional Development

Respondent

Speaker of the National Assembly

Respondent

Chairperson of the National Council of Provinces

Respondent

Procedural Posture

Constitutional Confirmation / Post Referral for Confirmation of High Court Order

Legal Issues

  1. 1 Does item 2 of Schedule 6 to the Constitution impose a constitutional obligation on Parliament to rationalise laws governing dangerous weapons in the former homelands?
  2. 2 Is Parliament in breach of this obligation by failing to establish uniform legislation?
  3. 3 Is the continued operation of the Dangerous Weapons Acts in Transkei, Bophuthatswana, Venda and Ciskei unconstitutional?

Ratio Decidendi

The Constitutional Court found that, while parallel legislation regulating dangerous weapons exists in the former homelands, none of the offending provisions are currently operational due to the withdrawal of activating notices. Parliament and the Minister have undertaken to introduce uniform legislation in the 2011 session. Given this undertaking and the inoperative status of the statutes, it is not in the interests of justice to declare the legislation unconstitutional or to grant immediate relief. Instead, the matter is postponed to allow Parliament and the Minister to report on steps taken to fulfill their undertaking. The Court formally notes the executive and legislative commitment...

Court Disposition

Matter postponed pending Parliament and Minister's report on legislative steps to rationalise the laws.

Orders

  • The matter is postponed to Tuesday, 29 November 2011.
  • The Speaker of the National Assembly, the Chairperson of the National Council of Provinces and the Minister for Justice and Constitutional Development are required to notify this Court by Tuesday, 8 November 2011 of the legislative steps taken to fulfill the undertaking to rationalise the laws that are the subject...