Mogale and Others v Speaker of the National Assembly and Others (CCT 73/22)
Mogale and Others v Speaker of the National Assembly and Others (CCT 73/22) [2023] ZACC 14; 2023 (9) BCLR 1099 (CC); 2023 (6) SA 58 (CC) (30 May 2023)
The Constitutional Court found that Parliament and the provincial legislatures failed to fulfil their constitutional obligation to reasonably facilitate public involvement in passing the Traditional and Khoi-San Leadership Act. The Court identified numerous and material deficiencies in the public participation process, including inadequate notice, lack of pre-hearing education, inaccessible venues, insufficient communication and translation of the Bill, prioritisation of traditional leaders over ordinary community members, and inaccurate or incomplete reporting of public input. These failures…
Source excerpt
- Public Participation
- Legislative Process
- Declaration Of Invalidity
- Traditional Leadership
- Constitutional Obligation
- Suspension Of Invalidity