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South Africa Case Law

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Constitutional Law [2017] ZASCA 60

Lourens v Premier of the Free State Province and Another (566/2016)

Lourens v Premier of the Free State Province and Another (566/2016) [2017] ZASCA 60 (25 May 2017)

Court
Supreme Court of Appeal
Case number
566/2016
Judges
Maya, Fourie, Schippers

The court found that the Premier had complied with the order to the extent of his authority and powers by initiating and facilitating the legislative process for regulating the use of official languages in the Free State Province. Once the language bill was tabled before the provincial legislature, the Premier had no further power over its passage, as legislative authority vests in the legislature. The appellant failed to prove wilful and mala fide non-compliance by the Premier. Furthermore, the subsequent enactment of the Use of Free State Official Languages Act rendered the appeal moot, as…

Source excerpt

  • Contempt Of Court
  • Official Languages
  • Constitutional Compliance
  • Costs In Constitutional Litigation
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Constitutional Law [2014] ZAEQC 2

Lourens v Speaker of the National Assembly and Others (EC08/12)

Lourens v Speaker of the National Assembly and Others (EC08/12) [2014] ZAEQC 2; 2015 (1) SA 618 (EqC) (17 September 2014)

Court
Equality Court
Case number
EC08/12
Judge
griesel

The court held that there is no constitutional or statutory duty on Parliament or the respondents to publish all national legislation in all official languages, nor to translate all national legislation into all official languages. The Constitution requires parity of esteem and equitable treatment of official languages, but does not mandate equal use or publication in all languages. The Joint Rules of Parliament, which require bills to be in one official language and translated into at least one other, are consistent with constitutional requirements. To the extent that the practice of publish…

Source excerpt

  • Official Languages
  • Language Rights
  • Unfair Discrimination
  • Parliamentary Procedure
  • Equality Act
  • Constitutional Interpretation
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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.