Kauluma and Others v Cabinet for Interim Government of South Africa and Others (137/88)
Kauluma and Others v Cabinet for Interim Government of South Africa and Others (137/88) [1988] ZASCA 138 (8 November 1988)
The Court held that the Administrator-General was vested with full or plenary legislative powers by virtue of Proclamation 181 of 1977, as authorised by section 38 of the South West Africa Constitution Act. The inclusion of exemptions in Orders AG 26 of 1978 and AG 50 of 1979 did not render them ultra vires, as such exemptions were intended to mitigate the harshness of absolute prohibitions and did not exceed the scope of the enabling provisions. The Orders were not invalid on grounds of unreasonableness or vagueness, as legislation enacted under plenary powers cannot be impugned on such grou…
Source excerpt
- Delegation Of Legislative Power
- Ultra Vires
- Security Measures
- Curfew Orders