South African Municipal Worker's Union v Minister of Co-Operative Governance and Traditional Affairs (3558/2013)
South African Municipal Worker's Union v Minister of Co-Operative Governance and Traditional Affairs (3558/2013) [2016] ZAGPPHC 733 (23 February 2016)
The court held that the Local Government Municipal Systems Amendment Act 7 of 2011 was enacted using the incorrect constitutional procedure. The Act affects provinces and falls within functional areas listed in Schedule 4, and its provisions directly impact provincial oversight and legislative competence. The substantial measure test, as articulated in Tongoane, requires that any Bill whose provisions substantially affect the interests of the provinces must be enacted in accordance with section 76. The Amendment Act provides for legislation envisaged in section 195(3) and (4) of the Constitut…
Source excerpt
- Legislative Tagging
- Constitutional Invalidity
- Municipal Systems Amendment Act
- Section 76 Procedure
- Oversight And Accountability
- Public Service Definition