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South Africa Case Law

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Constitutional Law [2012] ZAGPPHC 329

National Society for the Prevention of Cruelty to Animals ("NSPCA") v Minister of Agriculture, Forestry and Fisheries and Others (44001/2012)

National Society for the Prevention of Cruelty to Animals ("NSPCA") v Minister of Agriculture, Forestry and Fisheries and Others (44001/2012) [2012] ZAGPPHC 329 (15 November 2012)

Court
North Gauteng High Court, Pretoria
Case number
44001/2012
Judge
Legodi

Sections 2 and 3 of the Performing Animals Protection Act 24 of 1935 are unconstitutional insofar as they require magistrates to perform executive functions by issuing licences and certificates. This arrangement violates the principle of separation of powers and undermines judicial independence as enshrined in the Constitution. The licensing and certification functions are executive or administrative in nature and should be performed by the executive, not the judiciary. The court is not competent to assign these functions to the NSPCA, as such authority must be legislated or regulated by the…

Source excerpt

  • Separation Of Powers
  • Judicial Independence
  • Executive Functions
  • Constitutional Invalidity
  • Performing Animals Protection Act
  • Interim Relief
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Constitutional Law [2009] ZASCA 31

Minister for Justice and Constitutional Development v Chonco and Others (159/08)

Minister for Justice and Constitutional Development v Chonco and Others (159/08) [2009] ZASCA 31; 2009 (6) SA 1 (SCA) ; [2009] 3 All SA 149 (SCA) (30 March 2009)

Court
Supreme Court of Appeal
Case number
159/08
Judges
Farlam, Nugent, Van Heerden, Jafta, Mlambo

The Supreme Court of Appeal held that the Minister for Justice and Constitutional Development has a constitutional obligation to process applications for presidential pardon and to do what is necessary to enable the President to exercise his powers under section 84(2)(j) of the Constitution in an informed manner. The preparatory steps required for the President to make a decision on pardons are executive functions that fall within the ambit of section 85(2)(e) of the Constitution and are the responsibility of the relevant department. The Minister's failure to perform these functions constitut…

Source excerpt

  • Presidential Pardon
  • Constitutional Obligations
  • Executive Functions
  • Section 84 2 J
  • Section 237
  • Ministerial Duties
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About this LexChat collection

South Africa decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.

Source links and collection timestamps are retained alongside the indexed records.